Privacy & Cybersecurity Update - March 2015

Skadden, Arps, Slate, Meagher & Flom LLP

In This Issue:

- Dismissal in P.F. Chang’s Data Breach Case Shows Challenge Plaintiffs Face in Such Actions

- Eleventh Circuit Court of Appeals Decision Underscores the Need to Evaluate Insurance Programs for Cyber Coverage

- FCC Advisory Committee Releases Cybersecurity Recommendations Based on NIST Framework

- FTC Authority Questioned During Oral Argument in FTC v. Wyndham Case

- Ten Million Dollar Settlement in Target Consumer Data Breach Lawsuit Provides Insight Into Scope of Damages

- FTC and Dutch Data Protection Authority Agree to Cooperate on Privacy Enforcement

- State Action: Connecticut Attorney General Establishes Dedicated Privacy and Data Security Department

- NIST Releases Draft Framework for ‘Internet of Things’ Devices

- Excerpt from NIST Releases Draft Framework for ‘Internet of Things’ Devices:

A few weeks ago, the FTC weighed in on the ‘Internet of Things’ by issuing a report. NIST has now issued its own report, focusing primarily on technical aspects but with some important views on privacy as well.

On March 3, 2015, the National Institute for Standards and Technology (NIST), through its Cyber-Physical Systems Public Working Group, released a draft framework for “cyber-physical systems,” or CPS. Simply put, cyber-physical systems are physical systems that combine real-time sensing and some type of response driven by that real-time sensing. Though CPS comprises a broader universe of systems, “Internet of Things” devices such as activity tracking wristbands and smart, Internet-connected thermostats are examples of CPS. The goal of the framework is to establish a common, integrated set of standards that developers will use when creating CPS devices, so that devices from different developers and addressing different needs will be able to interoperate in a global CPS network...

Please see full memorandum below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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