Privacy for DNA Testing and Medical Screening

To purchase various DNA testing kits, users are first required to electronically sign (or click through) the hard-to-read, boilerplate privacy language from many genealogical DNA testing companies. Unless you knowingly agree and review the boilerplate consent forms of many DNA test kit companies, prior to submitting your test kit and agreeing to the sharing and/or selling of your private DNA, most people assume that their DNA and private information is safe and secure. However, the majority of people disregard and overlook this fine print, wherein the privacy language regularly states that these DNA companies can sell, or at a minimum anonymize, DNA data without any further consent—and there’s no “opt-out” at that level!

Ancestry.com and 23andMe.com, perhaps two of the most well-known DNA genetic genealogy testing companies, have such contractual provisions.[1] What’s more and on June 4, 2018, DNA testing company MyHeritage learned of a security breach to its website, comprising private information over 92 million users. [2]

[1].https://dna-explained.com/category/privacy.[2] https://www.reuters.com/article/us-myheritage-privacy/security-breach-at-myheritage-website-leaks-details-of-over-92-million-users-idUSKCN1J1308

Anonymizing one’s data does guarantee that someone or some entity (public or private sector) will discover your true identity. In 2013, an MIT professor published a student in which he successfully identified people based “anonymous” genetic data, being provided with only their age and state. [1]  That’s precisely why you need the experienced team at the Pourcho Law Group, PC to help protect your privacy rights! 

First and foremost, the submission of your DNA or medical screening test through the Pourcho Law Group, PC, safeguards your privacy to third parties by way of the attorney-client privilege. Essentially, this well-established privilege permits attorney Ben Pourcho from refusing to disclose information with a client to third parties for purposes of rendering legal advice. In this respect, the privilege would be asserted in the context of providing legal advice to a client regarding his/her concern on how to best legally secure his/her privacy in the submission of a DNA or medical screening test.

This provides our clients with legal protection to our clients from disclosing at the Pourcho Law Group, PC from your DNA completely anonymously (w/no personal identifying information: no name, gender, age, state, phone number, address, etc.) will be provided. Further, we work exclusively with completely independent laboratories by which we send all of our samples under aliases. All communication and contact will be between our office and the independent laboratories, not our clients. 

[1] https://gizmodo.com/what-dna-testing-companies-terrifying-privacy-policies-1819158337

The Pourcho Law Group, PC seeks to protects its clients’ privacy interests not merely by submitting DNA test samples anonymously (e.g., generic aliases such as Ben Jackson or Amy Smith will be submitted for each client on file) but more importantly, with the legal protection shielding clients’ identity with the attorney-client privilege.

After a client of the Pourcho Law Group, PC completes and submits a form requesting the submission of anonymous DNA genetic testing, the client will also be afforded the far greater protection of the attorney-client privilege.

The attorney-client privilege, “works to keep communication between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for communications, such as a discovery (during litigation) request or a demand that the lawyer testify under oath.”  [1]

[1] https://www.law.cornell.edu/wex/attorney-client_privilege

Now, while the altruistic and selfless side of you might be inclined to gladly donate his/her DNA for scientific testing and research, for which the FDA has allowed genetic testing for the following 10 diseases[1]:

• Late-onset Alzheimer’s disease
• Parkinson’s disease
• Celiac disease
• Alpha-1 antitrypsin deficiency
• Early-onset primary dystonia
• Factor XI deficiency
• Gaucher disease type 1
• Glucose-6-phosphate dehydrogenase deficiency
• Hereditary hemochromatosis
• Hereditary thrombophilia

 Or, you could be one of those rare individuals uninterested about having your DNA sold for profit, while gaining absolutely zero monetary advantage—no rebate, royalty or licensing fee. If you consider yourself to fall within either of the foregoing categories, dissuaded about your privacy, we would nonetheless encourage you to proceed with caution. Allow the Pourcho Law Group, PC to submit your DNA test kit with the legal protection afforded to clients by both the attorney-client privilege and with unique, anonymous alias.

[1] https://www.ajc.com/news/national/things-you-need-know-before-you-send-your-spit-23andme/QdYVKNKLIq44aICIY1KvPJ/?icmp=np_inform_variation-test