Paul M. Schwartz is a Special Advisor in the Privacy and Cybersecurity practice at Paul Hastings and is based in the firm’s San Francisco office. Mr. Schwartz is a leading international expert on information privacy, cybersecurity, and information law. Mr. Schwartz is Jefferson E. Peyser Professor at UC Berkeley School of Law, where he is also a Director of the Berkeley Center for Law and Technology.
Mr. Schwartz’s scholarship at UC Berkeley School of Law focuses on how the law regulates, shapes, and limits information technology. His scholarship has examined a broad range of issues including European Union privacy regulations, cloud computing, governmental data mining, federal preemption of privacy laws, and the different legal definitions of "personal information."
Mr. Schwartz has testified before Congress and served as an advisor to the Commission of the European Union and other international organizations. He assists numerous corporations and international organizations with regulatory, policy, and governance issues relating to information privacy.
- Co-reporter of the American Law Institute’s Restatement of Privacy Law Principles.
- Past recipient of the Berlin Prize Fellowship at the American Academy in Berlin and a Research Fellowship at the German Marshal Fund in Brussels.
- Recipient of grants from the Alexander von Humboldt Foundation, Fulbright Foundation, the German Academic Exchange, and the Harry Frank Guggenheim Foundation.
- Yale University, J.D., 1985
- Brown University, B.A., 1981
- U.S. Proposes a National Framework for the Regulation of Fintech - August 9th, 2018
- Complying with COPPA: FTC Releases Updated Six-Step Compliance Plan for Businesses - June 22nd, 2017
- State Regulators Mount Counter-Offensive Seeking to Stop OCC’s Fintech Charter - May 3rd, 2017
- The OCC’s Proposed Fintech Charter: If It Walks Like a Bank and Quacks Like a Bank, It’s a Bank - December 13th, 2016
- Back to the Future—Trump Administration Seeks to Roll Back Financial Services Regulation - November 30th, 2016
- The CFPB’s Project Catalyst: Is It Worth the Risk? - November 4th, 2016
- Cyberattack Reporting Rule for Federal Contractors Finalized - October 11th, 2016
- Online Lenders Beware—CashCall Decision another Example of True Lender Risks - September 29th, 2016
- Addressing ECOA Risk in Marketplace Lending - August 25th, 2016
- Are You Ready to Comply with the CFPB’s Final Amended Mortgage Servicing Rules? - August 10th, 2016
- CFPB Proposes New Rule Targeting Small Dollar Loans, Relies on UDAAP Rulemaking Authority for First Time - June 14th, 2016
- Privacy and Data Security Issues in M&A Transactions - A Checklist - May 17th, 2016
- FinCEN Guidance Highlights Continued Regulatory Focus on Anti-Money Laundering Risks Posed by MSB Agents - March 29th, 2016
- CFPB—2015 in Review and What is Ahead for 2016? - January 14th, 2016
- Has the CFPB Essentially Banned Marketing Services Agreements Under RESPA? - October 21st, 2015
- Banking on the Green Rush: Financial Institutions Face New Challenges in Serving the Legal Marijuana Industry - September 29th, 2015
- Cybersecurity as a Global Concern in Need of Global Solutions: Some Recent Financial Regulatory Developments - September 1st, 2015
- Elder Financial Abuse on the Rise: What Financial Institutions Can Do to Address Increasing Regulatory Scrutiny Designed to Protect At-Risk Customers - August 25th, 2015
- Three Lessons Learned from a Data Breach Investigation - August 10th, 2015
- Is Your Business Ready to Comply with the Final Amended Department of Defense Military Lending Act Regulation? - August 5th, 2015
Engagement & Publications
Mr. Schwartz is the author of many books, including the leading casebook, Information Privacy Law, now in its Fourth Edition, and the treatise, Privacy Law Fundamentals, each with Daniel Solove. His over fifty articles have appeared in journals such as the Harvard Law Review, Yale Law Journal, Stanford Law Review, California Law Review, and Chicago Law Review.
- "Reconciling Personal Information in the U.S. and EU," in the California Law Review (2014);
- "The EU-U.S. Privacy Collision" in the Harvard Law Review (2013);
- "Information Privacy in the Cloud" in the University Pennsylvania Law Review (2013);
- "Systematic Government Access to Private-Sector Data in Germany" in International Data Privacy Law (2012);
- "The PII Problem: Privacy and a New Concept of Personally Identifiable Information" in the New York University Law Review (2011) (with Daniel Solove);
- "Regulating Governmental Data Mining in the United States and Germany: Constitutional Courts, the State, and New Technology," in the William and Mary Law Review (2011);
- "Prosser’s Privacy and the German Right of Personality: Are Four Privacy Torts Better than One Unitary Concept?" (with Karl-Nikolaus Peifer) in the California Law Review (2010);
- "Preemption and Privacy" in the Yale Law Journal (2009); and
- Coauthor of Information Privacy Law (fifth edition, forthcoming 2015), a casebook, and of Privacy Law Fundamentals (third edition, forthcoming 2015), a treatise.
Frequent speaker at technology conferences and corporate events in the United States and abroad:
- "The Future of Privacy – and How to Get There," Media Law Resource Council Conference, Reston, VA, September 17, 2014
- Moderator, Privacy Law Salon: Dialogue with Policymakers, Washington, D.C., September 8-9, 2014
- "Information Privacy Law in the U.S. and EU," Korea Law Times, Seoul Korea, June 7-8, 2014
- "The Architecture of American Privacy Law," University of Cologne, Germany, May 16, 2014
- "Data Security Awareness," Fidelity Residential Solutions, St. Paul, MN, June 20, 2013
- "Data Security and Privacy for Title & Settlement Companies," National Settlement Services & Compliance Summit 2013, Cleveland, OH, June 11, 2013
- "Restating Information Privacy Principles," ALI Annual Meeting, Washington, DC, May 22, 2013
- "The EU Proposed Privacy Regulation," The BCLT Privacy Law Forum, Palo Alto, CA, March 21, 2013
- "Privacy Law and the Internet," Deutscher Juristentag (German Jurists Forum), Munich, Germany, September 19, 2012
- Privacy Law in 60 Seconds, 2013 (Video)
- Introducing Privacy Law Fundamentals, 2013 (Video)
- Paul Schwartz on the Elements of PII 2.0, 2012 (Video)
- Paul Schwartz on PII 2.0, 2012 (Video)
- Admitted to practice in Arkansas and New York
- Member of the American Law Institute and the organizing committee of the Privacy Law Salon.
- Member of the Editorial Board of International Data Privacy Law, the International Journal of Law and Information Technology, and the Zeitschrift für Datenschutz (Data Protection Journal).
- Joined the faculty of UC Berkeley School of Law in 2006 after teaching at Brooklyn Law School and the University of Arkansas-Fayetteville.
- Fluent in French and German, he contributes to German legal reviews.