Who Owns Your DNA? Lessons Learned from 23andMe

In the first episode of a "Florida Capital Conversations" new healthcare privacy series, Tallahassee healthcare attorneys Shannon Hartsfield and Eddie Williams discuss the evolving landscape of genetic data privacy, focusing on protections under Florida law and the implications for genetic testing companies such as 23andMe. They explain how Florida law generally recognizes individuals as owners of their DNA and genetic test results, though there are exceptions for clinical or research use. The bankruptcy of 23andMe raises important questions about what happens to consumers' genetic data during company sales, highlighting the tension between consumer privacy promises and business realities. Unlike healthcare providers, consumer genetic information companies are typically not covered by the Health Insurance Portability and Accountability Act (HIPAA) but instead fall under Federal Trade Commission oversight, which enforces privacy commitments made to customers.

This Tallahassee-based podcast series takes a look at the many different aspects of state and local government through the lens of experienced legal professionals. Hosted by attorneys Nathan Adams and Mia McKown, these candid conversations offer a seat at the table to everyone who listens.