Tuesday, May 23, 2017

Consumer oriented Genomics and Ancestry.com

Ancestry.com takes DNA ownership rights from customers and their relatives

A word to the wise: Read the complete terms of service.

Read the fine print before you send in your sample to Ancestry.com . The bottom line is you consent to give ownership of your genetic information to Ancestry.com . Ancestry.com can use your genotype for anything it wants. They can use methods to copy it, transcribe it, modify it and use it for whatever purposes they want and gain profit from it.

There are three significant provisions in the AncestryDNA Privacy Policy and Terms of Service to consider on behalf of yourself and your genetic relatives: (1) the perpetual, royalty-free, world-wide license to use your DNA; (2) the warning that DNA information may be used against “you or a genetic relative”; (3) your waiver of legal rights.

So, you still own your DNA, however Ancestry.com also owns it. It is not a partnership. Normally when a company owns something that they don't own they pay a royalty payment each time it is used. Essentially you are paying them to use your DNA. What do you get in return ? Their marketing literature explains it.

The AncestryDNA service promises to, “uncover your ethnic mix, discover distant relatives, and find new details about your unique family history with a simple DNA test.”

For the price of $69 dollars and a small saliva sample, AncestryDNA customers get an analysis of their genetic ethnicity and a list of potential relatives identified by genetic matching. Ancestry.com, on the other hand, gets free ownership of your genetic information forever. Technically, Ancestry.com will own your DNA even after you’re dead.

Specifically, by submitting DNA to AncestryDNA, you agree to “grant AncestryDNA and the Ancestry Group Companies a perpetual, royalty-free, world-wide, transferable license to use your DNA, and any DNA you submit for any person from whom you obtained legal authorization as described in this Agreement, and to use, host, sublicense and distribute the resulting analysis to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.”

Basically, Ancestry.com gets to use or distribute your DNA for any research or commercial purpose it decides and doesn’t have to pay you, or your heirs, a dime. Furthermore, Ancestry.com takes this royalty-free license in perpetuity (for all time) and can distribute the results of your DNA tests anywhere in the world and with any technology that exists, or will ever be invented. With this single contractual provision, customers are granting Ancestry.com the broadest possible rights to own and exploit their genetic information.

The AncestryDNA terms also requires customers to confirm that, “You understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by AncestryDNA that may relate to or otherwise embody your DNA.” Essentially, you still own your DNA, but so does Ancestry.com. And, you can commercialize your own DNA for money, but Ancestry.com is also allowed to monetize your DNA for millions of dollars and doesn’t have to compensate you.

Although AncestryDNA customers provide voluntary consent to have their DNA used in commercial research projects, customers are free to withdraw consent, with a few exceptions. First, “data cannot be withdrawn from research already in progress or completed, or from published results and findings.” In those cases, Ancestry.com has access to data about you indefinitely.

Secondly, if a customer withdraws their consent, Ancestry.com will take 30 days to cease using their data for research. Finally, withdrawing consent, “will not result in destruction of your DNA Sample or deletion of your Data from AncestryDNA products and services, unless you direct us otherwise.” Customers must jump through additional hoops if they want their DNA sample destroyed or their data deleted from AncestryDNA products and services. The Ancestry.com policy does not specify what “additional steps” are required. U.S. customers must contact Ancestry.com customer service at 1–800–958–9124 to find out. (Customers outside the United States must call separate customer service numbers.)

Their marketing literature posted on their web site is rather seductive about the wonderful genomic science that will allow you to discover where your relatives come from or even connections with other members of your family. It however, other than the legal disclosures when you sign up says nothing about their legal claim to your genetic data. BEWARE !