Professor Paul Schwartz recently gave the keynote address at the Chapman Law Review symposium “Data Flow Frontiers: Privacy, Policy, Practice.” Schwartz, a faculty co-director of the Berkeley Center for Law & Technology, gave a talk titled “Data Privacy Federalism 3.0,” discussing how the landscape around privacy data federalism has been altered by recent changes.
As federal lawmakers have stood on the sidelines, individual states have passed a flurry of privacy laws, Schwartz noted. He’s skeptical about whether proposed federal legislation will ever be enacted and thinks states should keep making their own laws. The keynote address also acknowledged limits to a state’s role in regulating data that crosses international borders.
Schwartz’s 2024 University of Pennsylvania Law Review article co-authored with Anupam Chander, “The President’s Authority Over Cross-Border Data Flows,” was also included in the research guide on data privacy prepared for the symposium.