In a recent decision by the Seventh Circuit, it was ruled that children whose DNA is entered into Ancestry.com, a website dedicated to assisting individuals in DNA testing for ancestry purposes, are not bound by the website’s arbitration agreement. This verdict derived from the court’s determination that these children were not express parties to the agreement’s DNA processing consent terms.
The decision indicates a significant step for the legal standing of minors within the realm of genetic data use and collection. It is important for families using or considering the use of services such as Ancestry.com to better understand the legal implications around the use and sharing of their genetic data, particularly when involves the data of minors.
The recent delegation of decision-making relative to DNA information unto individuals with legal capacity – and specifically withholding from binding children who have no legal ability to consent – encourages a critical reflection on data sovereignty, consent processing and minors’ legal rights in the larger legal dialogues.
For a detailed overview of the Seventh Circuit’s ruling, please consider this law review which covers the nuances of the decision, the legal reasoning behind it and its likely implications for the future of DNA data use.