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Genetic and Location Data Privacy

Why DNA test results and phone location history are especially sensitive, what US and EU official sources say protects them, and where those protections stop.

Content last updated . This page has not been medically reviewed.

Two kinds of data that are hard to change

Most account data can be reset: you can change a password or delete a profile. Two kinds of data are different. A person's DNA cannot be changed, and US law defines genetic information to include information about the genetic tests of family members. [1] Location history can reveal where someone lives, works, worships or receives medical care. Both are named as sensitive in the laws below. This page is information only, not legal advice, and covers only the jurisdictions whose official sources we read: US federal agencies, California, Washington and the European Union.

Genetic data

What consumer tests are. Consumer genetic and wellness tests are covered in consumer genetic tests for wellness; this page is about the data, not the test quality.

What the law names.


  • California (CCPA): the state Attorney General lists genetic data, precise geolocation and information concerning a consumer's health among sensitive personal information, and says consumers have the right to limit its use and disclosure. [2] The CCPA applies to for-profit businesses that do business in California and meet revenue or data-volume thresholds. [2]

  • European Union (GDPR): the European Commission lists "genetic data" and "data concerning health" as sensitive, with specific processing conditions such as the individual's explicit consent. [3] The rules reach non-EU companies that offer goods or services to people in the EU. [4]

  • United States, federal: the Genetic Information Nondiscrimination Act (GINA) makes it illegal for health insurers or employers to request or require genetic information and bars discriminatory use of it. [5] The EEOC, which enforces the employment part (Title II), says that part prohibits using genetic information in employment decisions and restricts employers from requesting, requiring or purchasing it. [1]

Where protection stops. The National Human Genome Research Institute notes that concerns remain about the use of genomic information to discriminate against applicants for life, long-term care and disability insurance. [5] GINA as described by these sources concerns health insurance and employment. Other uses were not verified here.

Company changes. When a genetic testing company is sold or fails, data can be affected. In March 2025 the FTC Chairman wrote about the 23andMe bankruptcy, saying consumers should be able to trust that companies will keep their promises, including when it comes to sensitive information. [6] This was a letter stating the FTC's position, not a court ruling.

Past enforcement. The FTC alleged that a genetic testing company, 1Health.io (Vitagene), stored sensitive data in publicly accessible cloud "buckets", failed to keep deletion promises, and retroactively expanded the third parties it could share with. [7] Those are the FTC's allegations from a 2023 announcement.

Location data

Phone location can come from GPS, wi-fi and cell signals. Apps ask for it for maps, weather or workouts, but the data may also be sold on.
  • The FTC's Gravy Analytics order, announced January 2025, prohibits selling, disclosing or using sensitive location data except in limited circumstances; the complaint alleged lists of people who visited healthcare facilities and places of worship were sold. [8]
  • On Mobilewalla, the FTC alleged that the raw location data it collected was not anonymized and that data from health clinics, religious organizations and other sensitive sites was involved. [9]
  • X-Mode Social and Outlogic were prohibited from sharing or selling any sensitive location data under a January 2024 order. [10]
  • A proposed May 2026 FTC order would bar Kochava from selling sensitive location data without a consumer's affirmative express consent; it is a proposal until a court approves it. [11]
  • Under Washington's My Health My Data Act, consumer health data is regulated for businesses that operate in or target Washington. [12]

Practical, non-technical steps

Frequently asked questions

Does GINA stop life insurers from using my genetic test results?

The sources we read describe GINA as covering health insurers and employers, and the National Human Genome Research Institute notes continuing concerns about life, long-term care and disability insurance. [5] Check the law where you live.

Is my DNA data covered by HIPAA?

Not automatically. HIPAA applies to health plans, clearinghouses and certain providers, and companies acting for them. [14] See health data vs consumer-app data privacy.

Do relatives have any say in my DNA data?

We did not find an official source addressing relatives' consent in the sources we read, so we do not make a claim about it.

Can a company sell my DNA data if it goes bankrupt?

The FTC's 2025 letter on 23andMe stated its position that promises made to consumers should be honored in such cases. [6] Specific outcomes depend on court decisions and local law.

Is precise location data "health data"?

Not by itself in every law, but California names precise geolocation as sensitive [2], and the FTC has alleged location data was used to identify visits to healthcare facilities. [8]

References
  1. U.S. Equal Employment Opportunity Commission. Genetic Information Discrimination. Read 2026-10-22.
  2. California Attorney General. California Consumer Privacy Act (CCPA). Read 2026-10-22.
  3. European Commission. Legal grounds for processing data. Read 2026-10-22.
  4. European Commission. Data protection explained. Read 2026-10-22.
  5. National Human Genome Research Institute. Privacy in Genomics. Read 2026-10-22.
  6. FTC. Chairman Ferguson Issues Letter on 23andMe Bankruptcy Impact to Consumers (31 Mar 2025). Read 2026-10-22.
  7. FTC. FTC Says Genetic Testing Company 1Health Failed to Protect Privacy and Security of DNA Data and Unfairly Changed its Privacy Policy (16 Jun 2023). Read 2026-10-22.
  8. FTC. FTC Finalizes Order Prohibiting Gravy Analytics, Venntel from Selling Sensitive Location Data (14 Jan 2025). Read 2026-10-22.
  9. FTC. FTC Takes Action Against Mobilewalla for Collecting and Selling Sensitive Location Data (3 Dec 2024). Read 2026-10-22.
  10. FTC. FTC Order Prohibits Data Broker X-Mode Social and Outlogic from Selling Sensitive Location Data (9 Jan 2024). Read 2026-10-22.
  11. FTC. FTC to Ban Kochava and Subsidiary from Selling Sensitive Location Data (4 May 2026; proposed order). Read 2026-10-22.
  12. Washington State Attorney General. Protecting Washingtonians’ Personal Health Data and Privacy (My Health My Data Act FAQ). Read 2026-10-22.
  13. FTC Consumer Advice. How Websites and Apps Collect and Use Your Information (September 2023). Read 2026-10-22.
  14. eCFR. 45 CFR 160.103 Definitions (covered entity, business associate). Read 2026-10-22.
Education, not medical advice. This page is for general information. It does not diagnose or treat any condition and is not a substitute for care from a qualified health professional. Natural does not automatically mean safe. Ask a clinician or pharmacist before changing your care, especially if you take medication, are pregnant or breastfeeding, or have a health condition.