23andMe class action alleges data breach compromised customer info

23andMe data breach class action lawsuit overview: 

• Who: Monica Santana and Paula Kleynburd filed a class action lawsuit against 23andMe Inc. 
• Why: Santana and Kleynburd claim 23andMe failed to secure and safeguard sensitive information entrusted to it by its customers, during a data breach it announced earlier this month.
• Where: The class action lawsuit was filed in California federal court. 

DNA testing firm 23andMe failed to secure and safeguard the sensitive information entrusted to it by its customers during a data breach that the company announced via its website earlier this month. 

Plaintiffs Monica Santana and Paule Kleynburd claim 23andMe owed a “non-delegable” duty to its customers to “implement and maintain reasonable and adequate security measures” so as to safeguard and protect their private information against unauthorized access and disclosure. 

Santana and Kleynburd argue 23andMe attempted to redirect blame for the data breach to the criminal actors who gained access to its customer accounts, rather than mentioning that their safeguards were “inadequate.” 

“The Data Breach was a direct result of Defendant’s failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect victims’ (personally identifiable information,” the 23andMe class action states. 

Santana and Kleynburd want to represent a nationwide class of individuals who had their private or personally identifiable information compromised during the 23andMe data breach. 

23andMe data breach exposed customer names, sex, birthdates, other personal information, says class action

The 23andMe data breach exposed the names, sex, birthdates, genetic ancestry results, profile photos, and geographical location of its customers, according to the 23andMe class action. 

Santana and Kleynburd argue 23andMe customers affected by the data breach are faced with a “present and imminent threat” of fraud and identity loss, among other things, on account of their information being compromised in the data breach. 

“Defendant maintained the PII in a reckless manner. In particular, the (personally identifiable information) was maintained on Defendant’s computer network in a condition vulnerable to cyberattacks,” the 23andMe class action states. 

Santana and Kleynburd claim 23andMe is guilty of unjust enrichment, negligence, breach of implied contract, and invasion of privacy via inclusion upon seclusion. 

The plaintiffs are seeking declaratory and injunctive relief along with an award of compensatory, statutory, punitive, and actual damages for themselves and all class members. 

In another case involving 23andMe, the company agreed to a class action settlement back in 2017 that resolved claims it unlawfully misrepresented its products and services. 

Were you affected by the 23andMe data breach? Let us know in the comments! 

The plaintiffs are represented by Scott Edelsberg of Edelsberg Law, P.A., and Andrew J. Shamis of Shamis & Gentile, P.A. 

The 23andMe data breach class action lawsuit is Santana, et al. v. 23andMe Inc., Case No. 3:23-cv-05147, in the U.S. District Court for the Northern District of California.

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