23andMe is on the brink. What happens to all its DNA data?

Vera Eidelman, a staff attorney with the American Civil Liberties Union who specializes in privacy and technology policy, said the patchwork of state laws governing DNA data makes the generic data of millions potentially vulnerable to being sold off, or even mined by law enforcement.

“Having to rely on a private company's terms of service or bottom line to protect that kind of information is troubling — particularly given the level of interest we've seen from government actors in accessing such information during criminal investigations,” Eidelman said.

She points to how investigators used a genealogy website to identify the man known as the Golden State Killer, and how police homed in on an Idaho murder suspect by turning to similar databases of genetic profiles.