Report of Consumer Privacy Ombudsman Neil M. Richards in the 23andMe bankruptcy: recommended consent safeguard (June 11, 2025) (In re 23andMe Holding Co., et al., No. 25-40976-357 (Bankr. E.D. Mo.), Report of Consumer Privacy Ombudsman, ECF No. 718 (June 11, 2025))
The ombudsman's headline recommendation was opt-in consent before the sale, or before the buyer uses the data, with deletion for those who do not consent. The court declined to impose it (see the 23andMe opinion).
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“Putting aside the issue of whether consent is legally required, as a best practice and privacy safeguard, the optimal solution from a consumer privacy perspective would be to mandate the Company to obtain separate, affirmative consent from its customers in order to sell their data to either bidder. An alternative solution would be to mandate that the winning bidder obtain separate, affirmative consent from customers prior to using customers’ data (this consent could be obtained the next time a user logs into their account, through a mandated outreach by email to solicit such consent).”
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