Speaking recently with CBC Radio's Just Asking, Brent Arnold, a partner in Gowling WLG's Cyber Security & Data Protection Group, addressed the legal and privacy implications of using consumer DNA test kits in the wake of the 23andMe data breach. The Privacy Commissioner of Canada found the company failed to adequately safeguard the personal information of approximately 6.9 million users—much of which later appeared for sale online.

Reflecting on the sensitivity of genetic information and the gaps in existing regulation, Brent emphasized the need for greater awareness and corporate responsibility.

"A data breach like this represents a huge problem when you look through the lens of privacy law, because privacy law is all consent based and the cornerstone of that is informed consent," he explained. "It shows why you don't give away information unless you know what it's going to be used for."

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About Gowling WLG's Cyber Security & Data Protection Group

Cyber security, data protection and privacy law are critical components of risk management for companies in every sector. Gowling WLG's Cyber Security & Data Protection Group helps clients navigate this shifting landscape—from assessing privacy and security risk, to responding to data breaches, to defending against claims and enforcement actions. Our team has the experience and legal insight to support organizations through complex incidents and evolving regulatory requirements in Canada and around the world. Learn more about Gowling WLG's Cyber Security & Data Protection Group.