23andMe is updating its TOS to force binding arbitration with a limited opt-out window - Stack Diary
stackdiary.com
23andMe, the personal genomics and biotechnology company, has been trying to contain a security breach that was first disclosed on October 6th. On October 19th, 23andMe disclosed another security breach by the same hacker who had initially claimed responsibility. The hacker said he had access to more than 4 million genetic profile records this time. And on December 4th, 23andMe

This change will force its users into binding arbitration, which is a means to resolve disputes (such as a cybersecurity breach leaking your DNA data) outside of court.

  • Humanius@lemmy.worldEnglish
    57·
    2 years ago

    I’m not a lawyer, but I don’t think that retroactively applies to things that happened before the ToS got updated.

    So 23andMe would still be open to lawsuits for the previous breach

    • SamsonSeinfelder@feddit.deEnglish
      13·
      2 years ago

      Yes, but every other “oopsies” that will happen to your DNA Data will cost them a “We’re so Sorry”-Card and a Hershey’s Kiss per Customer. And there will be oopsies in the future. It was a way to voluntary get people to submit their DNA Data with the Bogus claim to “find out where your came from”. But the value for the medicine (read: Pharma industry) is much much bigger. My Sister submitted her DNA to them. They now know the genetic probability of illnesses of my whole Family-Tree including mine and everyone else in the Family up and down. And not only they know, but everyone who is using the “leaked” Data. Thank you Sister.

      • clif@lemmy.worldEnglish
        71·
        2 years ago

        Note: limit of 500 “sorry” cards and 75 kisses for the entire class action suit. You may also opt to receive a free “DNA protection plan” from the same company that fucked everything up in the first place or 75 cents discount on future products (your code expires in 45 minutes).

    • JJROKCZ@lemmy.worldEnglish
      132·
      2 years ago

      Maybe not but you’ll undoubtedly have to go to court to argue that (paying legal cost the whole time) before you can then start the case about gross negligence (and pay more for)

      It’s all designed to ensure you can’t afford to sue them

      • Telodzrum@lemmy.worldEnglish
        3·
        2 years ago

        No, you’d just have to defend against a motion to dismiss under the terms of this agreement as part of the larger action. It’s a nominally increased amount of work and would not significantly increase the cost of litigation.

    • random65837@lemmy.worldEnglish
      31·
      2 years ago

      It would if you dont utilize the opt out during the window, all TOS’ are written that way, every ody that’s used them already agreed to be bound by a TOS that’s subject to change, as long as they post the change and offer an opt out from that point forward, it’s legal. That’s why places always send those updated TOS notices.

      Sadly many people that used them did so with real information. Anybody that did should download their profile, request data deletion and opt out of the terms.