Ancestry.com Seeks Arbitration for Minors’ Privacy Claims

Ancestry.com, a genetic genealogy company, has recently challenged a district court decision. A few days back, a district court ruled that the organization couldn't force minors to arbitrate genetic privacy claims when registering DNA tests.

The organization, however, has stood up against this declaration. It voiced its argument in an opening brief presented to a federal appeals court on June 16.

While their parents signed the website's terms of service agreement, it failed to comply with the required standard for assent in privacy cases involving minors.

The company holds that legal guardians can bind minors to an arbitration agreement. They don't need the minors' consent for this.

The case stemmed from a proposed class action suit filed by four minors. Alex Coatney led the action, alleging Ancestry.com's violation of privacy rights.

The minors contended that Ancestry.com's handling of their genetic data infringes on their rights. According to them, the organization hasn't sought their consent when collecting, using, and sharing their genetic information.

After receiving their grievance, a district court held Ancestry.com responsible for enforcing genetic privacy claims on minors. However, the organisation is seemingly not ready to agree with the allegation. Thus, it challenged the court's decision.

The Response & Debates

In its arguments, Ancestry.com has asserted that the parent's consent on behalf of the minors when registering for the DNA test is legally binding. The company also declared that the arbitration clause within the contract should be recognized and enforced.

If Ancestry.com wins this battle, it could shift the balance of power toward corporations. In fact, arbitration clauses may be enforced when involving minors.

Ancestry.com's action has created mixed responses. Some experts express that this case highlights the specifics of Ancestry.com's practices. Besides, it sets a precedent for minors' rights in the digital era. Should the court uphold the appeal, it could reshape the landscape of privacy rights for children.

On the other hand, some firmly hold to the argument that minors' privacy rights are inviolable. They argue that genetic information is uniquely personal and sensitive, and they should not be subjected to arbitration to any random agreement.

There are claims that this legal battle points to growing concerns about data privacy. These days, genetic testing and ancestry-tracking services have become increasingly common.

Whether parents or guardians can consent to a privacy agreement on behalf of minors is still foggy.

According to plaintiffs, this particular subject requires adequate attention and clarity.Despite these blended responses and the district court's ruling, Ancestry.com has chosen to press on with its appeal. The company has affirmed that the court's decision overlooked precedent.

While Ancestry.com's appeal looks like a mere trial for winning over the case, it may have significant implications for the genetic testing industry. It may influence the broader issues of digital privacy, specifically those related to minors. However, if this appeal turns out to be unsuccessful, it would strengthen children's rightsin privacy cases.

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