Gerke publishes co-authored article in New England Journal of Medicine

If 23andMe goes bankrupt, what happens to their millions of customers’ personal and genetic data?

Sara Gerke, Melissa B. Jacoby, and I. Glenn Cohen explore this issue in a new article published on March 2 in the New England Journal of Medicine, titled “Bankruptcy, Genetic Information, and Privacy — Selling Personal Information.”

The data are not protected by HIPAA, the authors note. The U.S. has no comprehensive federal privacy laws (and handful of overlapping, conflicting state laws.) Sure, Congress could pass consumer protection laws, but “it has been difficult to get large-scale privacy reform through Congress.”

Indeed, as the authors note, 23andMe’s privacy statement “reserves the company’s right to transfer customers’ personal information in the event of a company sale or bankruptcy.”

Basically, Gerke, Jacoby, and Cohen argue, little is stopping this data (potentially 14 million consumers’ worth) from being sold to the highest bidder.

Conclusion: “We believe it’s time to reconsider how [genetic information] data are regulated.”

Sara Gerke is an associate professor at the University of Illinois Urbana-Champaign College of Law. Melissa B. Jacoby is a law professor at the University of North Carolina at Chapel Hill. I. Glenn Cohen is a Harvard Law professor and faculty director of the Petrie-Flom Center for health law policy, biotechnology, and bioethics at Harvard Law School.

Pam Sran ’18

Pam Sran was elected to serve as a General Director to the South Asian Bar Association (SABA) of Chicago for the 2025 bar year. SABA’s mission is to promote the professional growth of members, mentor law students and new lawyers, provide services to the local community and partner with other minority organizations. Sran previously served as a General Director during the 2023 bar year and was a member of the Judicial Reception Committee and Annual Gala Committee.

Mei Tsang ’02

The Orange County Bar Association recently named Mei Tsang as its president. Mei was also profiled in the January issue of OC Lawyer.

Michelle Bolos ’16

1/24/24: Marshall, Gerstein & Borun LLP elected Michelle Bolos to partnership, effective Jan. 1, 2024.

Raymond Ricordati III ’02

1/24/24: Marshall, Gerstein & Borun LLP has elected Raymond R. Ricordati, III to partnership, effective Jan. 1, 2024.

John Greanias ’67

1/24/24: John Greanias has been awarded a research grant to develop a curriculum for academic study of the evolution of moral and ethical principles of United States law. The grant was awarded by the Markkula Center for Applied Ethics. Greanias is presently a lecturer at Santa Clara University School of Law and a member of the faculty of Stanford Law School’s Trial Advocacy Workshop. He previously served as an Illinois Circuit Court Judge (1987- 2008).

Helen Hartnell ’80

1/24/24: Helen Hartnell passed away in late 2023. She taught international law at numerous institutions and was a full-time faculty member at Golden Gate University (GGU) School of Law in San Francisco from 1997 until 2013.

Mary Gilmore ’22

1/24/24: Mary Gilmore has joined Fox Rothschild in the Chicago office as an Associate in the Financial Restructuring & Bankruptcy Department.

James English ’08

1/24/24: Clark Hill, an AmLaw200 law firm, has promoted James English to member. He practices out of the firm’s Houston office with the Environmental & Natural Resources group.

Mark Feyen ’80

1/24/24: Hon. Mark A. Feyen has announced his retirement from the Ottawa County Probate Court. Now in his 35th year, Judge Feyen took to the bench on January 1, 1989, after winning election in November of 1988. He won re-election five times.

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