DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Lawsuit alleges unauthorized publication of personal genetics data

Posted on May 15, 2014 by Dissent

Cyrus Farivar reports:

On Tuesday, an Alaska man became the lead plaintiff in a proposed class-action lawsuit filed against the makers of Family Tree, a Texas-based DNA testing company.

In his suit, Michael Cole alleges that months after purchasing a Family Tree at-home genetics kit and joining a “project,” an online forum for people doing related research about their ancestors, “the results of his DNA tests were made publicly available on the Internet, and his sensitive information (including his full name, personal e-mail address, and unique DNA kit number) was also disclosed to third-party ancestry company RootsWeb (a subsidiary of Ancestry.com, a company that allows users to research their lineage).”

Read more on Ars Technica.  A helpful commenter posted the relevant Alaska law on DNA samples:

Chapter 18.13. GENETIC PRIVACY

Sec. 18.13.010. Genetic testing.

(a) Except as provided in (b) of this section,

(1) a person may not collect a DNA sample from a person, perform a DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or disclose the results of a DNA analysis unless the person has first obtained the informed and written consent of the person, or the person’s legal guardian or authorized representative, for the collection, analysis, retention, or disclosure;

(2) a DNA sample and the results of a DNA analysis performed on the sample are the exclusive property of the person sampled or analyzed.

(b) The prohibitions of (a) of this section do not apply to DNA samples collected and analyses conducted

(1) under AS 44.41.035 or comparable provisions of another jurisdiction;

(2) for a law enforcement purpose, including the identification of perpetrators and the investigation of crimes and the identification of missing or unidentified persons or deceased individuals;

(3) for determining paternity;

(4) to screen newborns as required by state or federal law;

(5) for the purpose of emergency medical treatment.

(c) A general authorization for the release of medical records or medical information may not be construed as the informed and written consent required by this section. The Department of Health and Social Services may by regulation adopt a uniform informed and written consent form to assist persons in meeting the requirements of this section. A person using that uniform informed and written consent is exempt from civil or criminal liability for actions taken under the consent form. A person may revoke or amend their informed and written consent at any time.

Sec. 18.13.020. Private right of action.

A person may bring a civil action against a person who collects a DNA sample from the person, performs a DNA analysis on a sample, retains a DNA sample or the results of a DNA analysis, or discloses the results of a DNA analysis in violation of this chapter. In addition to the actual damages suffered by the person, a person violating this chapter shall be liable to the person for damages in the amount of $5,000 or, if the violation resulted in profit or monetary gain to the violator, $100,000.

Sec. 18.13.030. Criminal penalty.

(a) A person commits the crime of unlawful DNA collection, analysis, retention, or disclosure if the person knowingly collects a DNA sample from a person, performs a DNA analysis on a sample, retains a DNA sample or the results of a DNA analysis, or discloses the results of a DNA analysis in violation of this chapter.

(b) In this section, “knowingly” has the meaning given in AS 11.81.900.

(c) Unlawful DNA collection, analysis, retention, or disclosure is a class A misdemeanor.

Related posts:

  • States Hand Over the DNA of Newborns to DHS (OpEd)
  • Minnesota: Without Your Consent
Category: Health Data

Post navigation

← Privacy Rights Group Files Legal Challenge To GCHQ’s Extensive Hacking Activities
LabMD Files Appeal, Takes Fight Against FTC Back to 11th Circuit →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Ex-student charged with wave of cyber attacks on Sydney uni
  • Detaining Hackers Before the Crime? Tamil Nadu’s Supreme Court Approves Preventive Custody for Cyber Offenders
  • Potential Cyberattack Scrambles Columbia University Computer Systems
  • 222,000 customer records allegedly from Manhattan Parking Group leaked
  • Breaches have consequences (sometimes) (1)
  • Kansas City Man Pleads Guilty for Hacking a Non-Profit
  • British national “IntelBroker” charged with causing $25 million in damages; U.S. seeks his extradition from France
  • France issues press statement about arrest of ShinyHunters members
  • Patients Allege Home Delivery Pharmacy Failed to Timely Notify Them of Data Breach
  • Hackers breach Norwegian dam, open valve at full capacity

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Microsoft’s Departing Privacy Chief Calls for Regulator Outreach
  • Nestle USA Settles Suit Over Job-Application Medical Questions
  • NY Attorney General James Affirms Hospitals Must Provide Access to Emergency Abortion Care
  • How Internet of Things devices affect your privacy – even when they’re not yours
  • Sky Views Personal Data as a Potential Weapon in IPTV Piracy War
  • Florida Used a Nationwide Surveillance Camera Network 250 Times To Aid in Immigration Arrests
  • Federal Court Strikes Down HIPAA Reproductive Health Care Privacy Rule

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.