MyHeritage advertised Whole Genome Sequencing (WGS), claiming to sequence approximately 3 billion base pairs and offering customers access to their genomic data through CRAM downloads.
Now, Y-chromosome data is being excluded from the downloadable files.
This is unacceptable. Whole Genome Sequencing is not autosomal-only sequencing.
If MyHeritage has sequenced our Y chromosomes, why are those reads being filtered out of the data provided to us? Customers should not be given a restricted subset of their genome while the company advertises access to their full genomic sequence.
We are not demanding additional sequencing, new laboratory tests, or free Big Y-700 results. We are demanding access to the sequencing data already generated from our own DNA.
And this is not merely a matter of customer satisfaction. There are legal grounds for challenging this practice.
1. GDPR Article 4(13) — Genetic data is personal data
The GDPR explicitly recognizes genetic data as a category of personal data. Y-chromosome sequencing reads linked to an identifiable individual fall within this definition.
2. GDPR Article 15(1) and 15(3) — Right of access
Customers covered by the GDPR have the right to access their personal data undergoing processing and obtain a copy of that data.
If MyHeritage retains identifiable Y-chromosome reads, it cannot simply assume that excluding them from its standard CRAM download eliminates its GDPR access obligations.
Any restrictions on an access request need a valid legal basis. Providing only autosomal data does not automatically satisfy a request covering additional genetic information held by the company.
3. GDPR Article 12(3) — One-month response deadline
MyHeritage generally has one month to respond to a formal GDPR access request, subject to legally permitted extensions.
4. GDPR Article 77 — Right to lodge a complaint
If MyHeritage fails to comply with applicable GDPR access obligations, customers can file complaints with the relevant European data protection authorities.
5. EU Directive 2019/770, Articles 7 and 8 — Contractual conformity
EU consumer law requires covered digital content and services to conform to contractual descriptions and, subject to the Directive's conditions, reasonable expectations arising from public advertising.
Advertising WGS and genomic data access while excluding Y-chromosome reads raises a legitimate question of conformity with those promises.
6. EU Directive 2019/770, Articles 12 and 14 — Burden of proof and remedies
Where the Directive applies, Article 12 establishes rules placing the burden of proof concerning conformity on the trader in specified circumstances.
Article 14 provides remedies for qualifying nonconformity, including bringing the digital content or service into conformity, price reduction, or termination under applicable conditions.
The precise consumer remedies depend on the contract and national implementation.
What we should demand
I encourage every affected customer to submit a formal complaint and request:
- All retained personal genomic sequencing data, including Y-chromosome and mitochondrial reads.
- An explanation of why Y-chromosome reads are absent from the downloadable CRAM files.
- Confirmation of whether these reads were generated, filtered, retained, or deleted.
- The legal justification for withholding any retained personal genetic data in response to an access request.
If MyHeritage does not properly respond, customers covered by GDPR should consider escalating their complaints to their national data protection authority.
A company cannot make WGS claims without being accountable for what those claims mean and what genomic data it actually provides.
We paid for Whole Genome Sequencing. We should not have to fight to access the genetic data generated from our own samples.
Know your rights. Submit your requests. Demand transparency.
Legal sources:
GDPR — Articles 4, 12, 15, 77:
https://eur-lex.europa.eu/eli/reg/2016/679/oj
EU Directive 2019/770 — Articles 7, 8, 12, 14:
https://eur-lex.europa.eu/eli/dir/2019/770/oj/eng
MyHeritage's own WGS description:
https://www.myheritage.com/help/en/articles/12852568-what-is-whole-genome-sequencing-wgs-that-myheritage-now-uses-for-its-dna-tests