The legal system has been preparing for an explosion of epigenetic issues in public health, environmental regulation and litigation. So far, this explosion has been muted, and for now epigenetic data protection merely seems to be “enjoying” the same technological and legal challenges experienced by other clinical and research data. However, three areas of development suggest where epigenetic data protection may prove problematic. This article examines these three issues, noting the rapid expansion of research based on EMR‐sourced clinical data, the large number of data protection models that can apply to genetic data (including point‐of‐use prohibitions on discrimination and confidentiality), and the increasing and controversial dangers of deidentified information being reidentified. Copyright © 2015 John Wiley & Sons, Ltd.