An Illinois federal judge is weighing whether the state's genetic privacy law protects against disclosing information about people who have taken genetic tests, with a DNA testing company accused of unlawfully sharing such information with Google arguing Wednesday the statute applies only to disclosure of actual test results.

U.S. District Judge Martha Pacold heard arguments in Chicago federal court over DNA Diagnostic Center LLC's bid to dismiss with prejudice plaintiff Mikia Harmon's proposed class action. Harmon, seeking to represent a class of test-takers, claims the company violated the Illinois Genetic Information Privacy Act when it shared identifiable information about her genetic testing with Google through online tracking tools for targeted advertising.

Justin Donoho of Duane Morris LLP, arguing for DDC, said the complaint fails at the outset because it contains no specific claim Harmon ever took one of the company's genetic tests. The case should be dismissed for good, he said, because she "already had the chance to amend this basic pleading deficiency."

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