Paul Schwartz co-authors article in Concurring Opinions, June 26, 2013
Numerous attempts have been made to bridge the gap between U.S. and E.U. privacy law, but a very large initial hurdle stands in the way. The two bodies of law can’t even agree on the scope of protection let alone the substance of the protections. The scope of protection of privacy laws turns on the definition of “personally identifiable information” (PII). If there is PII, privacy laws apply. If PII is absent, privacy laws do not apply.