Data Privacy + Cybersecurity team and AI practice chair Linn Freedman underscored the potential legal implications surrounding the sale of genetic information in the article, “AI Company Acquiring Genetics Firm Raises De-Identification and Other Questions,” published in Privacy Daily, August 3, 2026. In the consolidated class action In re Tempus AI Genetic Privacy Litigation, potentially impacting hundreds of thousands of customers, plaintiffs argue that Tempus AI improperly collected and disclosed genetic information without consent during its acquisition of Ambry Genetics in 2025. While there likely wasn’t “a lot of conversation about what would happen with those genetic tests,” most people believe that when they’re undergoing a genetic or medical test, the “test is going to be protected and confidential,” Linn said. She pointed out this was the standard when direct-to-consumer genetic testing company 23andMe went bankrupt and was later sold.

“Something ‘compelling’ about the lawsuits is that the plaintiffs ‘went to genetic counselors…very specific genetic counseling,” which puts the alleged violations ‘in a different category,” Linn explained. “…once this information gets into the hands of a commercial AI company…there is no regulation around the [genetic] data,” outside maybe a state law, depending on where the conduct took place.”

Linn noted that although Tempus AI claims to use de-identified data, there are “pretty compelling facts and statements by plaintiffs that would question whether the genetic information was actually de-identified…it’s a very difficult process” to de-identify data to meet HIPAA standards. Linn said that Tempus AI should get the “benefit of the doubt” because courts have yet to hear its side of the story, and it could be that there was a data use or other sort of agreement that went along with the sale that included the genetic information. Read the article.