The problem is not with the database or with the fact that 23&Me collected the data or that 23&me made it available. The problem is that there are people who want to discriminate and would use DNA (and any other available information) for that purpose.
After outside of legitimate research you can use a DNA DB to find:
data about people that are something data about people that are not something
And I am not sure if it is illegal for a non commercial service to require its members to be something.