Perhaps the most controversial provisions of the Ancestry’s policies are the ones regarding using DNA information against the consumer or consumer’s genetic relative.  The basic aim of Ancestry is to “predict your genetic ethnicity and help you find new family connections.”  In doing so, Ancestry uses a consumer’s test results and compares it against their database of genetic information to predict genetic ethnicity and find new genetic connections. As such, it follows that even if a person has never used Ancestry’s services, Ancestry may already have access or even ownership of portions of related DNA.  Defined as "Genetic Data," Ancestry states that “information derived from processing your DNA Sample through genomic, molecular, and computational analyses using various technologies, such as enotyping and whole or partial genome sequencing.”  Ancestry goes on to note that "Genetic Data" does encompass more than just a consumer’s test results in that it also may include a “range of DNA markers such as those associated with your health or other conditions.”

Recognizing this, Ancestry has an “Informed Consent” section that warns users that “it is possible that information about you or a genetic relative could be revealed, such as that you or a relative are carriers of a particular disease.  That information could be used […] to deny you insurance coverage, by law enforcement agencies to identify you or your relatives, and in some places, the data could be used […] to deny employment.”

This is the second blog in a three-part series discussing AncestryDNA’s (“Ancestry”) terms of service and privacy policies in relation to the ownership of genetic information, health information privacy, and legal rights.

More from this series: AncestryDNA’s Policies Come Under Scrutiny from Privacy Experts AncestryDNA’s Policies Include Legal Waivers for Genetic Relatives

Sources: http://www.ancestry.com/cs/legal/termsandconditions http://www.ancestry.com/cs/privacyphilosophy

For more information on this topic, please visit our Terms of Use Agreements service page, which is part of our Internet & eCommerce Practice.

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