Class Action Claims Nebula Secretly Shares Genetic Test Results With Facebook, Google, Microsoft

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Nebula Genomics faces a proposed class action lawsuit that alleges the DNA testing and analysis firm shares customers’ genetic testing results with third parties, including co-defendants Facebook, Google and Microsoft, without consent.

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The 37-page privacy case says that Nebula’s apparent disclosure of consumers’ genetic testing results also includes unique personal information sufficient to identify someone, which provides third parties, including three of the largest tech companies in the world, specific knowledge of a person’s genetic makeup, including predispositions to medical conditions, diseases, ethnicities and physical attributes.

“Meta, Microsoft and Google use the Plaintiff’s and Class Members’ data collected from Nebula to make money,” the class action summarizes, claiming consumers’ genetic data can be used to sell targeted advertisements based on profiles the companies have compiled on users.

The lawsuit accuses Nebula, Meta Platforms, Microsoft and Google of violating the Illinois Genetic Information Privacy Act, which makes it illegal for companies that collect genetic information to disclose the data without first obtaining written consent.

According to the complaint, genetic information can be used to identify a person in the same way as a fingerprint, voice print or other biometric identifier. The case emphasizes that genetic information is the most sensitive and private data that exists for a person, and the disclosure of that information can have dire consequences against not only an individual but also their family members.

Although Nebula touts its purported commitment to “privacy first DNA testing” and allowing customers to have full ownership and control over their genomic data, the defendant’s website is loaded with analytics and advertising tools, specifically the Facebook pixel, Microsoft Conversion Tracking, Microsoft Clarity and Google Analytics and Tag Manager, the case states. Through these tools, the suit says, Nebula can collect and share information about how consumers use its website, potentially revealing that specific individuals have undergone genetic testing and the content of their reports.

The Nebula lawsuit looks to cover all current and former Illinois residents who either obtained a DNA test from Nebula’s website or who obtained an analysis from Nebula’s website of a DNA test performed by another genetic testing provider, and whose genetic information was disclosed to Meta, Microsoft or Google.

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