Mark Warner pushes DOJ, FTC on protecting Americans in 23andMe bankruptcy

The bankruptcy proceedings of personal genomics and biotechnology company 23andMe risks sensitive information of millions of Americans.

U.S. Sen. Mark R. Warner of Virginia, Vice Chairman of the Senate Select Committee on Intelligence, and Sen. Todd Young of Indiana, a member of the Senate Select Committee on Intelligence, wrote to leadership at the Department of Justice (DOJ) and Federal Trade Commission (FTC) expressing the need for the agencies to exercise all available authorities to protect the sensitive genomic information of Americans.

The senators highlighted the attempts by the People’s Republic of China (PRC) and other foreign adversaries to collect genomic data from Americans and the various ways in which the PRC has used sensitive biometric data for surveillance efforts.

“As the Chinese government has realized, genomic data is incredibly valuable. Biological data is critical to biomedical discovery, particularly when, as here, it contains substantial amounts of personal genomic data. It can be used to create, design, and optimize everything from biopharmaceuticals and medical devices to optimizing AI models for medical applications. The PRC also has demonstrated a sustained effort to leverage genomic and other biometric data for extensive surveillance; accessing this data – either directly or indirectly – could further enable PRC transnational surveillance, including posing counter-intelligence threats to the United States. In addition, genomic data can be used to create dual-use technologies that, on the one hand, could help create vaccines for diseases, but on the other hand, can be weaponized by our adversaries to for malign intent,” Warner and Young wrote.

While applauding the recent actions by the Justice Department in current proceedings, the senators underscored the need to take more steps to ensure that bad actors are prevented from acquiring, legally or illegally, Americans’ genomic information.

“In addition to the Department’s recent filing, and any anticipated CFIUS review, the Department, in conjunction with the Commission and other U.S. agencies as appropriate, must closely monitor the sale or transfer of, or access to, 23andMe‘s genomic databank, regardless of whether that activity is in the ordinary course of business, for compliance with all applicable statutes related to national security and consumer protection.”

Warner has frequently worked to safeguard Americans’ data and sensitive information from adversaries. As Vice Chairman of the Senate Select Committee on Intelligence, he has worked to ensure the U.S. is prepared to counter threats posed by foreign adversaries including the PRC across various sectors.

Warner spearheaded the push to force CCP-based Bytedance to divest from TikTok in order to allow the app to continue operations in the United States. Last year, he introduced the Countering CCP Drones and Supporting Drones for Law Enforcement Act, legislation to cut off dangerous CCP drone companies from the U.S. telecommunication infrastructure.

He also introduced bipartisan and bicameral legislation to improve information sharing between private companies and the Intelligence Community in order to mitigate the threat that foreign adversaries including the CCP pose to United States companies in foreign jurisdictions on projects relating to energy generation and storage, including in the critical minerals industry. In early 2025, Warner introduced legislation aimed at shoring up America’s response to financial threats stemming from the PRC.