DNA testing company Nebula accused of violating privacy in US lawsuit
By Mike Scarcella
Oct 11 (Reuters) -DNA testing company Nebula Genomics is facing a proposed federal class action in Chicago for allegedly violating an Illinois state law that restricts the collection and disclosure of personal genetic information.
The lawsuit was filed by an Illinois resident on Thursday against the gene testing company and Meta, Microsoft and Google, claiming Nebula's collection and sharing of genetic information with the technology companies violated the state’s Genetic Information Privacy Act.
That 1998 law makes it unlawful for a company to disclose genetic information without written approval.
Meta, Microsoft and Google were accused in the lawsuit of unjustly benefiting from the disclosures by gaining the chance to offer its advertising customers enhanced profiles of web users.
Google in a statement said it has "strict policies against advertising to people based on sensitive information." It said any data stored in its analytics program "is obfuscated or aggregated in a way to ensure it can't be used to identify an individual."
Meta, Microsoft and Nebula’s founder did not immediately respond to requests for comment on Friday.
Attorneys for the plaintiffs had no immediate comment on the lawsuit.
New York-based Nebula sells DNA sequencing to customers allowing them to “discover your roots and what runs in your family.”
Analytics and advertising tools on the company’s website — Facebook pixel, Microsoft Conversion Tracking, Microsoft Clarity and Google Analytics and Tag Manager — transmit user data to the tech companies, according to the lawsuit.
The company programmed its Facebook “pixel” to send information to Meta regarding consumer purchases and registrations of genetic testing kits, the lawsuit said.
Nebula, according to the complaint, “neither requested nor obtained written consent” from the plaintiff prior to sharing genetic information with the tech companies.
“When a consumer’s profile contains genetic information, Meta, Microsoft and Google’s advertising customers can target consumers based on the most detailed, intimate, and unique information a person possesses,” the lawsuit said.
The lawsuit seeks class action status on behalf of Illinois residents including those who bought a DNA test from Nebula’s website. The complaint also seeks more than $5 million in damages.
The case is Antoinette Portillo v Nebula Genomics et al, U.S. District Court, Northern District of Illinois, No. 1:24-cv-09894.
For plaintiff: Jon Loevy, Michael Kanovitz and Thomas Hanson of Loevy & Loevy
For defendants: No appearances yet
Reporting by Mike Scarcella
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