In the ongoing saga of the 23andMe bankruptcy, Federal Trade Commission Chairman Andrew N. Ferguson recently sent a letter to the Trustee overseeing the 23andMe bankruptcy proceeding stating, “As Chairman of the Federal Trade Commission, I write to express the FTC’s interests and concerns relating to the potential sale or transfer of millions of American consumers’ sensitive personal information.”

The letter further outlined the promises 23andMe made to consumers about protecting the sensitive information it collected and maintained and that it had “made direct representations to its users about how it uses, discloses, and protects their personal information, including how personal information will be safeguarded in the event of bankruptcy.” It outlined additional promises 23andMe made to consumers and that “these types of promises to consumers must be kept.” Importantly, the letter states:

This means that any bankruptcy-related sale or transfer involving 23andMe users’ personal information and biological samples will be subject to the representations the Company has made to users about both privacy and data security, and which users relied upon in providing their sensitive data to the Company. Moreover, as promised by 23andMe, any purchaser should expressly agree to be bound by and adhere to the terms of 23andMe’s privacy policies and applicable law, including as to any changes it subsequently makes to those policies.

For 23andMe customers, now is the time to request the deletion of their data. Hopefully, the letter from the FTC will also escalate the concern over the potential sale of genetic information.