The FTC is investigating DNA firms like 23andMe and Ancestry over privacy

Popular DNA testing companies like 23andMe and Ancestry.com are being investigated by the Federal Trade Commission over their policies for handling personal info and genetic data, and how they share that info with third parties.

The probe was revealed in the agency’s response to a Freedom of Information Act request by Fast Company seeking records pertaining to 23andMe and Ancestry.com. The FTC denied the FOIA request, saying in its letter that any records “would be exempt from disclosure . . . because disclosure of that material could reasonably be expected to interfere with the conduct of the Commission’s law enforcement activities.” The agency cited an exemption—5 U.S.C. 552(b)(7)(A)—which has often been interpreted by journalists as the disclosure of an investigation.

A spokesperson for the agency declined comment, saying that “FTC investigations are non-public, and so typically we do not comment on an investigation or even whether we are investigating.”

Privacy issues in the use of such DNA testing kits came to the forefront with the arrest of the notorious Golden State Killer, when it was revealed that police had used data from GEDMatch, a genealogy research site where users upload genealogical and genetic information, to help identify the suspect. When contacted by Fast Company, spokespersons for 23andMe and Ancestry.com said they’re rarely approached by law enforcement for genetic data.

Yet as the DNA testing market has exploded—worth approximately $99 million in 2017 and expected to increase to $310 million by 2022—concerns have also grown about the use of genetic data. Many consumers don’t realize that their personal info may be shared with third-party companies and there have been complaints raised that the companies’ terms of service are not always clear about their policies in such matters.

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