Disclosure of Records and Information, 45372-45394 [2011-19038]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Rules and Regulations]
[Pages 45372-45394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19038]



[[Page 45371]]

Vol. 76

Thursday,

No. 145

July 28, 2011

Part III





Bureau of Consumer Financial Protection





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12 CFR Part 1070





 Disclosure of Records and Information; Final Rule

Federal Register / Vol. 76 , No. 145 / Thursday, July 28, 2011 / 
Rules and Regulations

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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1070

[Docket No. CFPB-2011-0003]
RIN 3170-AA01


Disclosure of Records and Information

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Interim final rule with request for public comment.

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SUMMARY: This interim final rule establishes procedures for the public 
to obtain information from the Bureau of Consumer Financial Protection, 
under the Freedom of Information Act, the Privacy Act of 1974, and in 
legal proceedings. This interim final rule also establishes the CFPB's 
rules regarding the confidential treatment of information obtained from 
persons in connection with the exercise of its authorities under 
federal consumer financial law.

DATES: This interim final rule is effective July 28, 2011. Written 
comments must be submitted by September 26, 2011.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0003, by any of the following methods:
     Electronic: https://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail or Hand Delivery/Courier in Lieu of Mail: Monica 
Jackson, Office of the Executive Secretary, Consumer Financial 
Protection Bureau, 1801 L Street, NW., Washington, DC 20036.
    All submissions must include the agency name and docket number or 
Regulatory Information Number (RIN) for this rulemaking. In general, 
all comments received will be posted without change to https://www.regulations.gov. In addition, comments will be available for public 
inspection and copying at 1801 L Street, NW., Washington, DC 20036, on 
official business days between the hours of 10 a.m. and 5 p.m. Eastern 
Time. You can make an appointment to inspect the documents by 
telephoning (202) 435-7275.
    All comments, including attachments and other supporting materials, 
will become part of the public record and subject to public disclosure. 
Sensitive personal information, such as account numbers or Social 
Security numbers, should not be included. Comments will not be edited 
to remove any identifying or contact information.

FOR FURTHER INFORMATION CONTACT: Monica Jackson, Office of the 
Executive Secretary, Consumer Financial Protection Bureau, 1801 L 
Street, NW., Washington, DC 20036, 202-435-7275.

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 21, 2010, the President signed into law the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Pub. L. 111-203). Title X of 
that law is the Consumer Financial Protection Act of 2010 (the 
``Act''), which created the Bureau of Consumer Financial Protection 
(the ``CFPB''). Pursuant to the provisions of the Act, the CFPB will 
begin to exercise its authority to regulate the offering and provision 
of consumer financial products and services under the federal consumer 
financial laws on July 21, 2011.\1\
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    \1\ Section 1066 of the Act grants the Secretary of the Treasury 
interim authority to perform certain functions of the CFPB. Pursuant 
to that authority, Treasury publishes this interim final rule on 
behalf of the CFPB.
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    In order to establish procedures to facilitate public interaction 
with the CFPB, the CFPB is issuing this interim final rule. The CFPB 
invites public comment on all aspects of this interim final rule and 
will take those comments into account before publishing a final rule.

II. Summary of Interim Final Rule

    This interim final rule establishes procedures for the CFPB that 
are necessary to implement the Freedom of Information Act, 5 U.S.C. 552 
(the ``FOIA'') and the Privacy Act of 1974, 5 U.S.C. 552a (the 
``Privacy Act''). Various provisions of these statutes either require 
or authorize federal agencies to promulgate implementing regulations. 
See 5 U.S.C. 552(a)(4)(A)(i); id. at 552(a)(6)(B)(iv); id. at 
552(a)(6)(D)(1); id. at 552(a)(6)(E); id. at 552a(f); id. at 552(k). 
Pursuant to the Federal Housekeeping Statute, 5 U.S.C. 301 (as 
interpreted by United States ex rel. Touhy v. Ragen, 340 U.S. 462 
(1951) and subsequent related case law) and/or the Federal Records Act, 
44 U.S.C. ch. 30, the interim final rule also establishes a process by 
which parties may seek testimony or records from the CFPB for use in 
litigation and certain other proceedings. Finally, the interim final 
rule governs the CFPB's treatment of confidential information pursuant 
to sections 1022 and 1052 of the Act.

A. Summary of Subpart A: General Provisions

    Subpart A of part 1070 of the rules sets forth general provisions 
applicable to the remainder of the part. Section 1070.1 sets forth the 
CFPB's authorities for issuing its rules, which include provisions of 
the Act that require or authorize the CFPB to disclose, share, or 
maintain the confidentiality of certain information that the CFPB 
obtains from others or generates itself. Section 1070.1 also identifies 
the purposes of the rules in part 1070.
    Section 1070.2 defines terms that are utilized elsewhere in part 
1070 of the rules. Several of these terms warrant brief discussion. For 
example, we intend for our definition of the term ``civil investigative 
demand material'' in section 1070.2(e) to encompass all types of 
materials provided to the CFPB in response to a civil investigative 
demand that the CFPB issues in accordance with section 1052 of the Act. 
As stated in section 1052 and reiterated in section 1070.2(e) of these 
rules, civil investigative demand material includes documentary 
materials, such written reports and answers to questions, tangible 
things, oral testimony, or any combination thereof. As defined, the 
term ``civil investigative demand material'' also includes such 
materials to the extent that a person, through negotiations with the 
CFPB or otherwise, agrees to provide them to the CFPB voluntarily or in 
lieu of receiving a civil investigative demand.
    Section 1070.2(f) defines the term ``confidential information.'' 
Confidential information refers to three categories of non-public 
information--confidential consumer complaint information, confidential 
investigative information, and confidential supervisory information--
that the CFPB shall protect from various types of disclosure in 
accordance with Consumer Financial Protection Act and other laws. The 
term also includes other CFPB information that is exempt from 
disclosure pursuant to one or more of the statutory exemptions to the 
FOIA.
    Section 1070.2(g) defines ``confidential consumer complaint 
information'' to mean information that the CFPB receives from the 
public or from other agencies or organizations, or which the CFPB 
generates through its own efforts pursuant to sections 1013 and 1034 of 
the Act, that comprises or documents consumer complaints or inquiries 
concerning financial institutions or consumer financial products and 
services. The term includes information, such as personally 
identifiable information, that is protected from public disclosure 
under the FOIA.
    Section 1070.2(h) defines ``confidential investigative 
information'' to include all manner of materials received, generated, 
or compiled by the CFPB in the course of its investigative activities, 
including materials received

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through the issuance of civil investigative demands. It also includes 
confidential supervisory information and confidential consumer 
complaint information to the extent that such materials serve as a 
basis for or are utilized for purposes of, an investigation. Lastly, 
the term includes materials that other federal and state agencies 
provide to the CFPB or create for its use in investigating a possible 
violation of federal consumer financial law.
    Section 1070.2(i) defines ``confidential supervisory information'' 
to include various materials that the CFPB generates or receives that 
relate to the examination of financial institutions. These materials 
include, first, examination, inspection, visitation, operating, 
condition, and compliance reports, and any information contained in, 
relating to, or derived from such reports. Second, the term includes 
documentary materials, including reports of examination, that the CFPB 
prepares or that are prepared by others for use by the CFPB in 
exercising its supervisory authority over financial institutions, as 
well as information derived from such documentary materials. Third, the 
term includes the CFPB's communications with financial institutions and 
agencies to the extent that such communications relate to the exercise 
of the CFPB's supervisory authority over financial institutions. 
Fourth, confidential supervisory information includes information that 
financial institutions provide to the CFPB to help it to evaluate the 
risks associated with consumer financial products and services and 
whether institutions should be deemed ``covered persons,'' as that term 
is defined by 12 U.S.C. 5481. Finally, the term includes other 
supervision-related information that is exempt from public disclosure 
under the FOIA pursuant to 5 U.S.C. 552(b)(8).

B. Summary of Subpart B: Rules Implementing the Freedom of Information 
Act

    Subpart B contains the CFPB's rules that implement the Freedom of 
Information Act, 5 U.S.C. 552. The FOIA grants the public an 
enforceable right to obtain access to or copies of federal agency 
records unless disclosure of those records, or information contained 
within them, is exempt from disclosure pursuant to one or more 
statutory exemptions and exclusions. The FOIA also requires federal 
agencies to routinely publish in the Federal Register, or make 
available to the public, certain information concerning their 
organizational structures, policies and procedures, final opinions and 
orders, and records that have or are likely to become the objects of 
frequent FOIA requests. The regulations in this subpart implement the 
FOIA as required or authorized by various provisions of the statute. 
See 5 U.S.C. 552(a)(4)(A)(i); id. at 552(a)(6)(B)(iv); id. at 
552(a)(6)(D)(1); id. at 552(a)(6)(E).
    The CFPB modeled its FOIA regulations upon regulations promulgated 
by the other federal agencies, including the Treasury Department. The 
CFPB sought the input of the Department of Justice and the National 
Archives and Records Administration's Office of Government Information 
Services, which is responsible for promoting best practices among 
federal agencies as to their FOIA regulations and practices.
    Because most of the CFPB's FOIA regulations track the statute 
itself and set forth requirements and procedures that are typical of 
most federal agencies, we do not deem it necessary to provide a 
detailed analysis of these regulations.

C. Summary of Subpart C: Disclosure of CFPB Information in Connection 
With Legal Proceedings

    Subpart C of the rules sets forth procedures for serving the CFPB 
and its employees with copies of documents in connection with legal 
proceedings, such as summonses, complaints, subpoenas, and other 
litigation-related requests or demands for the CFPB's records or 
official information. Subpart C also describes the CFPB's procedures 
for considering such requests or demands for official information. 
These regulations (which are sometimes referred to as Touhy 
regulations) are modeled after similar regulations of other federal 
agencies. Below is a brief summary of these regulations.
    Sections 1070.31-1070.33 of these regulations provide that, except 
as otherwise required by law, the CFPB's General Counsel is authorized 
to receive and accept service of process of, and the General Counsel is 
authorized to respond to, summonses and complaints in which the CFPB or 
its employees (in their official capacities) are sued, as well as 
subpoenas, court orders, and litigation demands and requests for the 
production of the CFPB's records and official information that are 
directed to the CFPB or its employees.
    Section 1070.34 requires parties demanding the production of the 
CFPB's documents or testimony, in legal proceedings in which the United 
States or the CFPB are not parties, to provide the CFPB with certain 
information about the demand or request, including the name and forum 
of the proceeding, a detailed description of the nature of the 
information or testimony sought and its intended uses and relevance, a 
showing that the evidence sought through the production of the CFPB's 
records or testimony is not available from other sources, and, as the 
General Counsel deems appropriate, a statement of the party's plans to 
demand additional testimony or documents in the future. Unless and 
until a party provides this required information, the CFPB will not 
respond to a demand it receives.
    Section 1070.37 sets forth various factors that the General Counsel 
shall consider in deciding whether to comply with a demand or request 
for the production of the CFPB's records or testimony. This section 
also lists factors that will normally cause the CFPB to refuse 
compliance with such a demand or request. These factors pertain to 
prudential considerations and discovery privileges established by 
federal statutes, rules, and case law.
    Finally, section 1070.38 prohibits CFPB employees or former 
employees from providing opinion or expert testimony based upon 
information (other than general expertise) which they acquired in the 
scope and performance of their official CFPB duties, except to the 
extent that they provide such testimony on behalf of the United States 
or a party represented by the CFPB or the Department of Justice. The 
General Counsel has discretion to waive this prohibition if the 
requestor demonstrates an exceptional need or unique circumstances and 
that the anticipated testimony will neither be adverse to the United 
States nor require the United States to pay the employee's or former 
employee's travel or other expenses associated with providing the 
requested testimony.

D. Summary of Subpart D: Confidential Information

    Subpart D of the rules pertains to the protection and disclosure of 
confidential information that the CFPB generates and receives during 
the course of its work. Various provisions of the Act require the CFPB 
to promulgate regulations providing for the confidentiality of certain 
types of information and to protect such information from public 
disclosure. Other provisions of the Act, however, require or authorize 
the CFPB to share information, under certain circumstances, with other 
federal and state agencies to the extent that they share jurisdiction 
with the CFPB as to the supervision of financial institutions, the 
enforcement of consumer financial protection laws, or the investigation 
and resolution of consumer complaints

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regarding financial institutions or consumer financial products and 
services. In implementing these provisions, the CFPB has sought to 
provide the maximum protection for confidential information, while 
ensuring its ability to share or disclose information to the extent 
necessary to achieve its mission.
    The CFPB recognizes that much of the information that it will 
generate and obtain during the course of its activities will be 
commercially, competitively, and personally sensitive in nature, and 
generally warrants heightened protection. The need for greater 
protection for these categories of information is reflected in the 
substantive law of privilege and in various statutes, including the 
FOIA and the Privacy Act, that provide for the protection of such 
information from disclosure.
    Notwithstanding these concerns, there are instances in which the 
disclosure of confidential information will be necessary or appropriate 
for the CFPB to accomplish its statutory mission, such as the 
investigation and resolution of consumer complaints or the enforcement 
of federal consumer financial law. Disclosures may also serve the 
public interest where federal and state agencies share elements of the 
CFPB's mission and where, by sharing information, they can do their 
jobs more effectively.
    The regulations in this subpart balance these competing concerns by 
generally prohibiting the CFPB and its employees from disclosing 
confidential information to non-employees, and even in certain cases to 
its employees, except in limited circumstances. Even where the CFPB 
permits disclosures of confidential information, the CFPB imposes 
strict limits upon the further use and dissemination of disclosed 
information.
    Where appropriate, the CFPB has based the regulations in this 
subpart upon regulations of the other federal financial regulatory 
agencies that provide for the confidentiality and disclosure of certain 
information generated or received in the course of supervising, 
investigating, or pursuing enforcement actions against financial 
institutions. A summary of this subpart follows below.
    As a preliminary matter, section 1070.2 of the rules, which we 
discuss above, defines the term ``confidential information'' as well as 
the three categories of confidential information to which this subpart 
refers: Confidential consumer complaint information, confidential 
investigatory information, and confidential supervisory information. In 
certain circumstances, the statute requires disparate treatment of 
these three categories of confidential information.
    Section 1070.41(a) generally prohibits the disclosure of 
confidential information by the CFPB's employees, former employees, or 
other persons who possess the CFPB's confidential information, to non-
employees of the CFPB or to CFPB employees for whom such information is 
not relevant to the performance of their assigned duties. This 
prohibition includes disclosures made by any means (including written 
or oral communications) or in any format (including paper and 
electronic formats).
    Excluded from this general prohibition are disclosures of 
confidential information to consultants and contractors of the CFPB who 
agree, in writing, to protect the confidentiality of the information in 
accordance with federal law as well as any additional conditions or 
limitations that the CFPB may impose upon them.
    Section 1070.41(c) states that the CFPB is not precluded from 
disclosing materials that it derives from or creates using confidential 
information, provided that such materials do not identify, either 
directly or indirectly, any particular persons to whom the confidential 
information pertains. This paragraph clarifies that the CFPB may create 
and publish reports, analyses, and other materials derived from 
confidential information so long as the reports, analyses, or other 
materials do not identify the subject of such information or discuss 
the information in such a way that one could infer the identity of the 
person it concerns. For example, the CFPB is not precluded from 
publishing reports that contain aggregate data derived from 
confidential information, provided the report cannot be used in 
conjunction with other publicly available information to re-identify 
the source of the information.
    Section 1070.41(d) clarifies that nothing in subpart D requires or 
authorizes the CFPB to disclose confidential information that another 
agency has provided to the CFPB to the extent that such disclosure 
contravenes applicable law or the terms of any agreement that exists 
between the CFPB and the agency to govern the CFPB's treatment of 
information that the agency provides to the CFPB.
    Section 1070.42(a) provides that the CFPB may, in its discretion, 
disclose confidential supervisory information, such as reports of 
examination, to supervised financial institutions to which the reports 
pertain. To the extent that the CFPB chooses to do so, section 
1070.42(b) prohibits institutions from further disseminating the 
confidential information it receives except in limited circumstances. 
Supervised financial institutions may share confidential supervisory 
information with their directors, officers, and employees, and with 
those of their parent companies, to the extent that the disclosure of 
such confidential supervisory information is relevant to the 
performance of such individuals' assigned duties. Supervised financial 
institutions may also share confidential supervisory information with 
their (or their parent companies') outside legal counsel, certified 
public accountants, and consultants, provided that the supervised 
financial institutions take reasonable steps to ensure that such legal 
counsel, accountants, or consultants do not utilize, make or retain 
copies of, or further disclose confidential information except as is 
necessary to provide advice to the supervised financial institutions, 
their parent companies, or to their respective directors, officers, or 
employees. Furthermore, the institutions must keep written records of 
their disclosures of confidential information to their legal counsel, 
accountants, and consultants, along with the steps they have taken to 
ensure that these accountants, legal counsel, and consultants do not 
improperly utilize, make or retain copies of, or disclose such 
information. Supervised financial institutions shall provide these 
written records to the CFPB, upon request or demand.
    Section 1070.43 sets forth circumstances under which the CFPB shall 
or may disclose various categories of confidential information to law 
enforcement agencies and to other government agencies.
    Section 1070.43(a)(1) implements sections 1022(c)(6)(C)(i) and 
1025(e)(1)(C) of the Act, which require the CFPB to share with federal 
and state agencies having jurisdiction over supervised financial 
institutions, the CFPB's reports of examination of those supervised 
financial institutions, including drafts thereof, final reports, and 
revisions to final reports, provided that the CFPB receives from the 
agency reasonable assurances as to the confidentiality of the 
information provided.
    Section 1070.43(a)(2) implements section 1013(b)(3)(D) of the Act, 
which requires the CFPB to share confidential consumer complaint 
information with federal and state agencies, provided that the agency 
first gives written assurance to the CFPB that it will maintain such 
information in a manner that conforms to the standards that apply to 
federal agencies for the protection of the

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confidentiality of personally identifiable information and for data 
security and integrity.
    Section 1070.43(b)(1), meanwhile, authorizes the CFPB to make 
discretionary disclosures of confidential information to federal and 
state agencies under certain circumstances. For example, this provision 
implements section 1022(c)(6)(C)(ii) of the Act, which authorizes the 
CFPB, upon request, to share confidential supervisory information about 
supervised financial institutions (other than reports of examination) 
with federal and state agencies having jurisdiction over those 
institutions. Section 1070.43(b)(1) also authorizes the CFPB, upon 
request, to share confidential investigatory information about 
supervised financial institutions with federal and state agencies 
having jurisdiction over those institutions.
    Section 1070.43(b)(2) sets forth procedures for federal and state 
agencies to follow when requesting access to the CFPB's confidential 
information as set forth in section 1070.43(b)(1). Requests must be 
submitted in writing by authorized officers or employees of the 
agencies to the CFPB's General Counsel, who will act upon it in 
consultation with the CFPB's Associate Director for Supervision and 
Enforcement or with other appropriate CFPB personnel. Requests should 
describe the nature of the confidential information and documents 
sought and the purposes for which it will be used. Requests should also 
identify the agency's legal authority for requesting the documents and 
any provisions that restrict CFPB's disclosure. Finally, the requests 
should state that the requesting agency will maintain the requested 
confidential information in accordance with these rules and in a manner 
that conforms to the standards that apply to federal agencies for the 
protection of the confidentiality of personally identifiable 
information and for data security and integrity. Moreover, the requests 
should commit the agencies to adhere to any additional conditions or 
limitations that the CFPB, in its discretion, decides to impose.
    Section 1070.43(c) clarifies that requests by state agencies for 
information or records of the CFPB that do not constitute confidential 
information must be made in accordance with the CFPB's FOIA regulations 
set forth in subpart B.
    Sections 1070.43(d) permit certain federal and state agencies to 
negotiate agreements that provide for standing requests for the 
exchange of confidential information.
    Section 1070.44 states that nothing in this part limits the CFPB's 
discretion to disclose confidential consumer complaint information, to 
the extent permitted by law, to the extent that such disclosure is 
necessary to investigate, resolve, or otherwise respond to consumer 
complaints or inquires regarding financial institutions or consumer 
financial products and services.
    Section 1070.45(a) permits the CFPB to affirmatively disclose 
confidential investigative information, such as civil investigative 
demand material and other confidential information that becomes part of 
the CFPB's investigative files, during the course of the CFPB's 
investigations and enforcement proceedings. Thus, the CFPB may disclose 
confidential information to its enforcement personnel and in 
investigational hearings and witness interviews, as is reasonably 
necessary, and to Congress upon request. The CFPB may also disclose 
confidential information in administrative or court proceedings to 
which the CFPB is a party. In the case of confidential investigatory 
material that contains any trade secret or privileged or confidential 
commercial or financial information, as claimed by designation by the 
submitter of such material, or confidential supervisory information, 
the submitter may seek an appropriate protective or in camera order 
prior to disclosure of such material in a proceeding. Furthermore, the 
CFPB may disclose confidential information to law enforcement and other 
government agencies in accordance with this subpart and as required 
under any other applicable law.
    Section 1070.46 provides that notwithstanding the other rules in 
subpart D that restrict the circumstances under which the CFPB may 
disclose confidential information, the Director may authorize other 
disclosures of confidential information to the extent permitted by law. 
The CFPB does not intend for this provision to eviscerate the 
prohibition in section 1070.41 on the disclosure of confidential 
information. The CFPB intends for this provision to account for 
circumstances in which there is an unforeseen and exigent need for the 
CFPB to disclose confidential information for purposes or in a manner 
not otherwise provided for in these regulations. To circumscribe the 
extent to which the CFPB utilizes this provision to disclose 
confidential information, this section provides that the disclosure of 
confidential information may occur only with the prior written 
authorization of the Director. The responsibility may not be delegated 
by the Director, except that a person authorized by law to perform the 
functions of the Director may also exercise this responsibility. For 
example, pursuant to section 1066 of the Act, the Treasury Secretary 
may perform this function in the absence of a Director.
    Section 1070.46(b) requires the CFPB to provide prior written 
notice to the person to whom the confidential information pertains (to 
the extent that the CFPB deems such notice to be appropriate under the 
circumstances) that the CFPB intends to disclose its confidential 
information, in accordance with this section. We note that the other 
federal bank regulatory agencies retain similar discretion to disclose 
confidential information.
    Section 1070.47(a) declares the CFPB's retained ownership of any 
confidential information it discloses to federal or state agencies, to 
supervised financial institutions, or to other persons as provided in 
subpart D. It prohibits further disclosures of such information without 
the CFPB's prior written authorization. It directs recipients of 
confidential information who receive requests or demands for its 
further disclosure to refer such requests or demands to the CFPB, 
afford the CFPB an opportunity to respond or intervene, and to assert 
legal exemptions or privileges on the CFPB's behalf if so requested. To 
the extent that requests for confidential information are made pursuant 
to the FOIA, the Privacy Act, or state law equivalents of those 
statutes, section 1070.47(a)(3) requires federal or state agency 
recipients to refer such requests to the CFPB for its response. As 
provided by section 1070.47(a)(4), nothing in this section precludes a 
recipient of confidential information under subpart D from disclosing 
such information pursuant to a valid federal court order or a request 
or demand from a duly authorized committee of the United States 
Congress. In such cases where disclosure is compulsory, the disclosing 
party shall use its best efforts to secure a protective order or 
agreement that maintains the confidentiality of the confidential 
information disclosed.
    Section 1070.47(b) permits the CFPB to impose any additional 
conditions or limitations that it deems prudent upon its disclosures of 
confidential information to other agencies or persons.
    Section 1070.47(c) clarifies that disclosures of confidential 
information pursuant to subpart D are not intended and should not be 
construed to constitute a waiver of any privileges that are otherwise 
available to the CFPB or

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to any agency or person with respect to this confidential information.

E. Summary of Subpart E: The Privacy Act

    Subpart E contains the CFPB's rules that implement the Privacy Act 
of 1974, 5 U.S.C. 552a. The Privacy Act serves to balance the 
government's need to maintain information about individuals with the 
rights of individuals to be protected against unwarranted invasions of 
their privacy stemming from federal agencies' collection, maintenance, 
use, and disclosure of personal information about them.
    The regulations in this subpart implement the Privacy Act, as 
required by 5 U.S.C. 552a(f), by establishing procedures by which the 
public may request access to information or records that the CFPB 
maintains about them, request amendment or correction of such 
information or records, and request an accounting of disclosures of 
their records by the CFPB.
    As with its FOIA regulations, the CFPB modeled its Privacy Act 
regulations upon regulations promulgated by the other federal agencies, 
including the Treasury Department. Because most of the CFPB's Privacy 
Act regulations track the statute itself and set forth requirements and 
procedures that are typical of most federal agencies, we do not deem it 
necessary to provide a detailed analysis of these regulations.
    Nevertheless, we briefly summarize and discuss section 1070.60(a) 
of subpart E, which identifies three systems of records (CFPB.002 
Depository Institution Supervision Database, CFPB.003 Non-Depository 
Institution Supervision Database, and CFPB.004 Enforcement Database) 
that, pursuant to 5 U.S.C. 552a(k)(2), the CFPB has exempted from 
requirements of the Privacy Act that otherwise grant the public access 
to the CFPB's records contained within these systems of records, 5 
U.S.C. 552a(d), require the CFPB to account for disclosures of records 
contained in the systems of records, id. at 552a(c)(3) require the CFPB 
to maintain in such systems only as much information about individuals 
as is relevant and necessary to accomplish the CFPB's statutory 
mission, id. at 552(e)(1), and require the CFPB to publish certain 
information about these systems and how to access them. Id. at 
552a(e)(1), (e)(4)(G)-(I), (f).
    The CFPB has exempted these three systems of records from the 
foregoing requirements of the Privacy Act because these systems of 
records will contain information relating to the CFPB's supervision of 
financial institutions and its investigations into violations of and 
its enforcement of the federal consumer financial laws. Because the 
CFPB's supervision and enforcement activities may examine or target the 
conduct of individuals, granting such individuals access to the CFPB's 
information about them and publishing accounts of the CFPB's disclosure 
of such information could interfere with or undermine these activities. 
For example, granting individuals access to the CFPB's examination and 
investigative records regarding them could reveal to the individuals 
that their conduct is of interest to the CFPB or is a target of its 
examinations or investigations, thereby leading such individuals to 
conceal, alter, destroy, or fabricate evidence.
    The exemption is also needed in order to encourage persons having 
knowledge of violations of the federal consumer financial laws to 
report such information, and to protect such sources from embarrassment 
or recrimination, as well as to protect their right to privacy. It is 
essential that the identities of all individuals who furnish 
information under an express promise of confidentiality be protected.

III. Procedural Requirements

    The CFPB has determined that good cause exists, pursuant to 5 
U.S.C. 553(b), to publish these regulations as an interim final rule. 
When the CFPB is authorized on July 21, 2011 to begin exercising 
various regulatory authorities, it will be necessary to promptly 
establish procedures to facilitate the CFPB's interactions with the 
public. The CFPB's failure to promptly establish such procedures will 
impair the public's right to gain access to information about the CFPB 
and about themselves that the CFPB maintains. The absence of 
confidentiality regulations will also impair the confidentiality and 
privacy rights of those who submit sensitive information to the CFPB as 
well as the ability of the CFPB to use that information to carry out 
its statutory mission. Furthermore, the CFPB has consulted other 
federal financial regulatory agencies and the Office of Government 
Information Services about the interim final rule. Thus, the CFPB 
concludes that notice and public comment are unnecessary for these 
regulations and that delay will be contrary to the public interest. For 
the same reasons, the CFPB has determined that this interim rule should 
be issued without a delayed effective date pursuant to 5 U.S.C. 
553(d)(3).
    The CFPB further concludes that subpart D of the interim final 
rule, which governs the disclosure of the CFPB's confidential 
information, constitutes an agency rule of organization, procedure, or 
practice that is exempt from notice and public comment pursuant to 5 
U.S.C. 553(b).
    Notwithstanding these conclusions, the CFPB invites public comment 
on this interim final rule.
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do 
not apply.
    The regulations in this part do not contain any information 
collection requirement that requires the approval of OMB under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    The CFPB has conducted an analysis of benefits, costs, and impacts 
\2\ and consulted with appropriate Federal agencies. In developing the 
interim final rule, the CFPB considered potential benefits and costs to 
consumers and covered persons, including the impact on access to 
consumer financial products and services. The CFPB concludes that the 
interim final rule will benefit consumers and covered persons by 
granting them access, as required by the Freedom of Information Act, 5 
U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 552a, to certain 
records and information of the CFPB. It will also benefit consumers and 
covered persons by protecting the confidentiality of sensitive 
information that pertains to them and which the CFPB receives or 
generates during the course of its work. The interim final rule will 
not impose any obligations on consumers or covered persons and it does 
not have any direct relevance to consumers' access to consumer 
financial products and services. Although the interim final rule allows 
the CFPB to disclose confidential information outside of the CFPB in 
certain instances, such disclosures are largely required by the Act or 
are consistent with disclosure practices of the other federal financial 
regulatory agencies. Any costs that may ensue from such disclosures are 
likely to be minimal because the rule restricts the circumstances under 
which confidential information may be disclosed, the permissible 
recipients of such disclosed information, the further disclosure and 
dissemination of such information by its recipients, and in many 
instances, the rule requires prior

[[Page 45377]]

notice of disclosure to affected persons. Moreover, the sharing of 
confidential information that the interim final rule contemplates is 
necessary for the CFPB--along with other federal and state agencies 
that share the CFPB's responsibilities regarding the supervision of 
financial institutions and the enforcement of consumer financial laws--
to fulfill these responsibilities effectively, efficiently, and to the 
overall benefit of consumers and covered persons alike.
---------------------------------------------------------------------------

    \2\ Section 1022(b)(2)(A) addresses the consideration of the 
potential benefits and costs of regulation to consumers and 
industry, including the potential reduction of access by consumers 
to consumer financial products or services; the impact of proposed 
rules on depository institutions and credit unions with $10 billion 
or less in total assets as described in Section 1026 of the Dodd-
Frank Act; and the impact on consumers in rural areas.
---------------------------------------------------------------------------

    The CFPB has consulted with the prudential regulators and the 
Department of Housing and Urban Development, including with regard to 
the consistency of such rules with the prudential, market, or systemic 
objectives administered by such agencies.

List of Subjects in 12 CFR Part 1070

    Confidential business information, consumer protection, freedom of 
information, privacy.
    For the reasons set forth above, the Bureau of Consumer Financial 
Protection amends Chapter X in Title 12 of the Code of Federal 
Regulations by adding a new part 1070 to read as follows:



TITLE 12--BANKS AND BANKING

CHAPTER X--BUREAU OF CONSUMER FINANCIAL PROTECTION

PART 1070--DISCLOSURE OF RECORDS AND INFORMATION

Subpart A--General Provisions and Definitions
Sec.
1070.1 Authority, purpose and scope.
1070.2 General definitions.
1070.3 Custodian of records; certification; alternative authority.
1070.4 Records of the CFPB not to be otherwise disclosed.
Subpart B--Freedom of Information Act
1070.10 General.
1070.11 Information made available; discretionary disclosures.
1070.12 Publication in the Federal Register.
1070.13 Public inspection and copying.
1070.14 Requests for CFPB records.
1070.15 Responsibility for responding to requests for CFPB records.
1070.16 Timing of responses to requests for CFPB records.
1070.17 Requests for expedited processing.
1070.18 Responses to requests for CFPB records.
1070.19 Classified information.
1070.20 Requests for business information provided to the CFPB.
1070.21 Administrative appeals.
1070.22 Fees for processing requests for CFPB records.
1070.23 Authority and responsibilities of the Chief FOIA Officer.
Subpart C--Disclosure of CFPB Information in Connection With Legal 
Proceedings
1070.30 Purpose and scope; definitions.
1070.31 Service of summonses and complaints.
1070.32 Service of subpoenas, court orders, and other demands for 
CFPB information or action.
1070.33 Testimony and production of documents prohibited unless 
approved by the General Counsel.
1070.34 Procedure when testimony or production of documents is 
sought; general.
1070.35 Procedure when response to demand is required prior to 
receiving instructions.
1070.36 Procedure in the event of an adverse ruling.
1070.37 Considerations in determining whether the CFPB will comply 
with a demand or request.
1070.38 Prohibition on providing expert or opinion testimony.
Subpart D--Confidential Information
1070.40 Purpose and scope.
1070.41 Non-disclosure of confidential information.
1070.42 Disclosure of confidential supervisory information to and by 
supervised financial institutions.
1070.43 Disclosure of confidential information to law enforcement 
agencies and other government agencies.
1070.44 Disclosure of confidential consumer complaint information.
1070.45 Affirmative disclosure of confidential information.
1070.46 Other disclosures of confidential information.
1070.47 Other rules regarding the disclosure of confidential 
information.
Subpart E--Privacy Act
1070.50 Purpose and scope; definitions.
1070.51 Authority and responsibilities of the Chief Privacy Officer.
1070.52 Fees.
1070.53 Request for access to records.
1070.54 CFPB procedures for responding to a request for access.
1070.55 Special procedures for medical records.
1070.56 Request for amendment of records.
1070.57 CFPB review of a request for amendment of records.
1070.58 Appeal of adverse determination of request for access or 
amendment.
1070.59 Restrictions on disclosure.
1070.60 Exempt records.
1070.61 Training; rules of conduct; penalties for non-compliance.
1070.62 Preservation of records.
1070.63 Use and collection of Social Security numbers.

    Authority:  12 U.S.C. 3401; 12 U.S.C. 5481 et seq.; 5 U.S.C. 
552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 30; 
5 U.S.C. 301.

Subpart A--General Provisions and Definitions


Sec.  1070.1  Authority, purpose, and scope.

    (a) Authority. (1) This part is issued by the Bureau of Consumer 
Financial Protection, an independent Bureau within the Federal Reserve 
System, pursuant to the Consumer Financial Protection Act of 2010, 12 
U.S.C. 5481 et seq.; the Freedom of Information Act, 5 U.S.C. 552; the 
Privacy Act of 1974, 5 U.S.C. 552a; the Federal Records Act, 44 U.S.C. 
3101; the Paperwork Reduction Act, 44 U.S.C. 3510; the Right to 
Financial Privacy Act of 1978, 12 U.S.C. 3401; the Trade Secrets Act, 
18 U.S.C. 1905; 18 U.S.C. 641; and any other applicable law that 
establishes a basis for the exercise of governmental authority by the 
CFPB.
    (2) This part establishes mechanisms for carrying out the CFPB's 
statutory responsibilities under the statutes in paragraph (a)(1) of 
this section to the extent those responsibilities require the 
disclosure, production, or withholding of information. In this regard, 
the CFPB has determined that the CFPB, and its delegates, may disclose 
information of the CFPB, in accordance with the procedures set forth in 
this part, whenever it is necessary or appropriate to do so in the 
exercise of any of the CFPB's authority. The CFPB has determined that 
all such disclosures, made in accordance with the rules and procedures 
specified in this part, are authorized by law.
    (b) Purpose and scope. This part contains the CFPB's rules relating 
to the disclosure of records and information generated by and obtained 
by the CFPB.
    (1) Subpart A contains general provisions and definitions used in 
this part.
    (2) Subpart B implements the Freedom of Information Act, 5 U.S.C. 
552.
    (3) Subpart C sets forth the procedures with respect to subpoenas, 
orders, or other requests for CFPB information in connection with legal 
proceedings.
    (4) Subpart D provides for the protection of confidential 
information and procedures for sharing confidential information with 
supervised institutions, government agencies, and others in certain 
circumstances.
    (5) Subpart E implements the Privacy Act of 1974, 5 U.S.C. 552a.


Sec.  1070.2  General definitions.

    For purposes of this part:
    (a) Business day means any day except Saturday, Sunday or a legal 
federal holiday.
    (b) CFPB means the Bureau of Consumer Financial Protection.

[[Page 45378]]

    (c) Chief FOIA Officer means the Chief Operating Officer of the 
CFPB, or any CFPB employee to whom the Chief Operating Officer has 
delegated authority to act under this part.
    (d) Chief Operating Officer means the Chief Operating Officer of 
the CFPB, or any CFPB employee to whom the Chief Operating Officer has 
delegated authority to act under this part.
    (e) Civil investigative demand material means any documentary 
material, written report, or answers to questions, tangible thing, or 
transcript of oral testimony received by the CFPB in any form or format 
pursuant to a civil investigative demand, as those terms are set forth 
in 12 U.S.C. 5562, or received by the CFPB voluntarily in lieu of a 
civil investigative demand.
    (f) Confidential information means confidential consumer complaint 
information, confidential investigative information, and confidential 
supervisory information, as well as any other CFPB information that may 
be exempt from disclosure under the Freedom of Information Act pursuant 
to 5 U.S.C. 552(b). Confidential information does not include 
information contained in records that have been made publicly available 
by the CFPB or information that has otherwise been publicly disclosed 
by an employee with the authority to do so.
    (g) Confidential consumer complaint information means information 
received or generated by the CFPB, pursuant to 12 U.S.C. 5493 and 5534, 
that comprises or documents consumer complaints or inquiries concerning 
financial institutions or consumer financial products and services and 
responses thereto, to the extent that such information is exempt from 
disclosure pursuant to 5 U.S.C. 552(b).
    (h) Confidential investigative information means:
    (1) Civil investigative demand material; and
    (2) Any documentary material prepared by, on behalf of, received 
by, or for the use by the CFPB or any other federal or state agency in 
the conduct of an investigation of or enforcement action against a 
person, and any information derived from such documents.
    (i)(1) Confidential supervisory information means:
    (i) Reports of examination, inspection and visitation, non-public 
operating, condition, and compliance reports, and any information 
contained in, derived from, or related to such reports;
    (ii) Any documents, including reports of examination, prepared by, 
or on behalf of, or for the use of the CFPB or any other federal, 
state, or foreign government agency in the exercise of supervisory 
authority over a financial institution, and any information derived 
from such documents;
    (iii) any communications between the CFPB and a supervised 
financial institution or a federal, state, or foreign government agency 
related to the CFPB's supervision of the institution;
    (iv) Any information provided to the CFPB by a financial 
institution to enable the CFPB to monitor for risks to consumers in the 
offering or provision of consumer financial products or services, or to 
assess whether an institution should be considered a covered person, as 
that term is defined by 12 U.S.C. 5481; and/or
    (v) Information that is exempt from disclosure pursuant to 5 U.S.C. 
552(b)(8).
    (2) Confidential supervisory information does not include documents 
prepared by a financial institution for its own business purposes and 
that the CFPB does not possess.
    (j) Director means the Director of the CFPB or his or her designee, 
or a person authorized to perform the functions of the Director in 
accordance with law.
    (k) Employee means all current employees or officials of the CFPB, 
including employees of contractors and any other individuals who have 
been appointed by, or are subject to the supervision, jurisdiction, or 
control of the Director, as well as the Director. The procedures 
established within this part also apply to former employees where 
specifically noted.
    (l) Financial institution means any person involved in the offering 
or provision of a ``financial product or service,'' including a 
``covered person'' or ``service provider,'' as those terms are defined 
by 12 U.S.C. 5481.
    (m) General Counsel means the General Counsel of the CFPB or any 
CFPB employee to whom the General Counsel has delegated authority to 
act under this part.
    (n) Person means an individual, partnership, company, corporation, 
association (incorporated or unincorporated), trust, estate, 
cooperative organization, or other entity.
    (o) Report of examination means the report prepared by the CFPB 
concerning the examination or inspection of a supervised financial 
institution.
    (p) Supervised financial institution means a financial institution 
subject to the CFPB's supervisory authority.


Sec.  1070.3  Custodian of records; certification; alternative 
authority.

    (a) Custodian of records. The Chief Operating Officer is the 
official custodian of all records of the CFPB, including records that 
are in the possession or control of the CFPB or any CFPB employee.
    (b) Certification of record. The Chief Operating Officer may 
certify the authenticity of any CFPB record or any copy of such record, 
for any purpose, and for or before any duly constituted federal or 
state court, tribunal, or agency.
    (c) Alternative authority. Any action or determination required or 
permitted to be done by the Chief Operating Officer may be done by any 
employee who has been duly designated for this purpose by the Chief 
Operating Officer.


Sec.  1070.4  Records of the CFPB not to be otherwise disclosed.

    Except as provided by this part, employees or former employees of 
the CFPB, or others in possession of a record of the CFPB that the CFPB 
has not already made public, are prohibited from disclosing such 
records, without authorization, to any person who is not an employee of 
the CFPB.

Subpart B--Freedom of Information Act


Sec.  1070.10  General.

    This subpart contains the regulations of the CFPB implementing the 
Freedom of Information Act (the ``FOIA''), 5 U.S.C. 552, as amended. 
These regulations set forth procedures for requesting access to records 
maintained by the CFPB. These regulations should be read together with 
the FOIA, the 1987 Office of Management and Budget Guidelines for FOIA 
Fees, the CFPB's Privacy Act regulations set forth in subpart E, and 
the FOIA webpage on the CFPB's Web site, https://www.consumerfinance.gov, which provide additional information about 
this topic.


Sec.  1070.11  Information made available; discretionary disclosures.

    (a) In general. The FOIA provides for public access to information 
and records developed or maintained by federal agencies. Generally, the 
FOIA divides agency information into three major categories and 
provides methods by which each category of information is to be made 
available to the public. The three major categories of information are 
as follows:
    (1) Information required to be published in the Federal Register 
(see section 1070.12 of this subpart);
    (2) Information required to be made available for public inspection 
and copying or, in the alternative, to be published and offered for 
sale (see section 1070.13 of this subpart); and

[[Page 45379]]

    (3) Information required to be made available to any member of the 
public upon specific request (see sections 1070.14 through 1070.22 of 
this subpart).
    (b) Discretionary disclosures. Even though a FOIA exemption may 
apply to the information or records requested, the CFPB may, if not 
precluded by law, elect under the circumstances not to apply the 
exemption. The fact that the exemption is not applied by the CFPB in 
response to a particular request shall have no precedential 
significance in processing other requests, but is merely an indication 
that, in the processing of the particular request, the CFPB finds no 
necessity for applying the exemption.
    (c) Disclosures of records frequently requested. Subject to the 
application of the FOIA exemptions and exclusions (5 U.S.C. 552(b) and 
(c)), the CFPB shall make publicly available, as provided by section 
1070.13 of this subpart, all records regardless of form or format, 
which have been released previously to any person under 5 U.S.C. 
552(a)(3) and sections 1070.14 through 1070.22 of this subpart, and 
which the CFPB determines have become or are likely to become the 
subject of subsequent requests for substantially the same records 
because they are clearly of interest to the public at large. When the 
CFPB receives three (3) or more requests for substantially the same 
records, then the CFPB shall also make the released records publicly 
available.


Sec.  1070.12  Publication in the Federal Register.

    (a) Requirement. The CFPB shall separately state, publish and 
maintain current in the Federal Register for the guidance of the public 
the following information:
    (1) Descriptions of its central and field organization and the 
established place at which, the persons from whom, and the methods 
whereby, the public may obtain information, make submissions or 
requests, or obtain decisions;
    (2) Statements of the general course and method by which its 
functions are channeled and determined, including the nature and 
requirements of all formal and informal procedures available;
    (3) Rules of procedure, descriptions of forms available or the 
places at which forms may be obtained, and instructions as to the scope 
and contents of all papers, reports, or examinations;
    (4) Substantive rules of general applicability adopted as 
authorized by law, and statements of general policy or interpretations 
of general applicability formulated and adopted by the CFPB; and
    (5) Each amendment, revision, or repeal of matters referred to in 
paragraphs (a)(1) through (4) of this section.
    (b) Exceptions. Publication of the information under clause (a) of 
this subpart shall be subject to the application of the FOIA exemptions 
and exclusions (5 U.S.C. 552(b) and (c)) and the limitations provided 
in 5 U.S.C. 552(a)(1).


Sec.  1070.13  Public inspection and copying.

    (a) In general. Subject to the application of the FOIA exemptions 
and exclusions (5 U.S.C. 552(b) and (c)), the CFPB shall, in 
conformance with 5 U.S.C. 552(a)(2), make available for public 
inspection and copying, including by posting on the CFPB's Web site, 
https://www.consumerfinance.gov, or, in the alternative, promptly 
publish and offer for sale the following information:
    (1) Final opinions, including concurring and dissenting opinions, 
and orders made in the adjudication of cases;
    (2) Those statements of policy and interpretations which have been 
adopted by the CFPB but are not published in the Federal Register;
    (3) Its administrative staff manuals and instructions to staff that 
affect a member of the public;
    (4) Copies of all records made publicly available pursuant to 
section 1070.11 of this subpart; and
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) Information made available online. For records required to be 
made available for public inspection and copying pursuant to 5 U.S.C. 
552(a)(2) (paragraphs (a)(1) through (4) of this section), as soon as 
practicable, the CFPB shall make such records available on its e-FOIA 
Library, located at https://www.consumerfinance.gov.
    (c) Record availability at the on-site e-FOIA Library. Any member 
of the public may, upon request, access the CFPB's e-FOIA Library via a 
computer terminal at 1801 L Street, NW., Washington, DC 20036. Such a 
request may be made by electronic means as set forth on the CFPB's Web 
site, https://www.consumerfinance.gov, or in writing, to the Chief FOIA 
Officer, Bureau of Consumer Financial Protection, 1801 L Street, NW., 
Washington, DC 20036. The request must indicate a preferred date and 
time for the requested access. The CFPB reserves the right to arrange a 
different date and time with the requester, if necessary.
    (d) Redaction of identifying details. To prevent a clearly 
unwarranted invasion of personal privacy, the CFPB may redact 
identifying details contained in any matter described in paragraphs 
(a)(1) through (4) of this section before making such matters available 
for inspection or publication. The justification for the redaction 
shall be explained fully in writing, and the extent of such redaction 
shall be indicated on the portion of the record which is made available 
or published, unless including that indication would harm an interest 
protected by the exemption in 5 U.S.C. 552(b) under which the redaction 
is made. If technically feasible, the extent of the redaction shall be 
indicated at the place in the record where the redaction is made.


Sec.  1070.14  Requests for CFPB records.

    (a) In general. Subject to the application of the FOIA exemptions 
and exclusions (5 U.S.C. 552(b) and (c)), the CFPB shall promptly make 
its records available to any person pursuant to a request that conforms 
to the rules and procedures of this section.
    (b) Form of request. A request for records of the CFPB shall be 
made in writing or by electronic means.
    (1) If a request is made in writing, it shall be addressed to the 
Chief FOIA Officer, Bureau of Consumer Financial Protection, 1801 L 
Street, NW., Washington, DC 20036. The request shall be labeled 
``Freedom of Information Act Request.''
    (2) If a request is made by electronic means, it shall be submitted 
as set forth on the CFPB's Web site, https://www.consumerfinance.gov. 
The request shall be labeled ``Freedom of Information Act Request.''
    (c) Content of request. (1) In order to ensure the CFPB's ability 
to respond in a timely manner, a FOIA request should describe the 
records that the requester seeks in sufficient detail to enable CFPB 
personnel to locate them with a reasonable amount of effort. Whenever 
possible, the request should include specific information about each 
record sought, such as the date, title or name, author, recipient, and 
subject matter of the record. If known, the requester should include 
any file designations or descriptions for the records requested. As a 
general rule, the more specific the requester is about the records or 
type of records requested, the more likely the CFPB will be able to 
locate those records in response to the request;
    (2) In order to ensure the CFPB's ability to communicate 
effectively with

[[Page 45380]]

the requester, a request should include contact information for the 
requester, including, to the extent available, a mailing address, 
telephone number, and e-mail address at which the CFPB may contact the 
requester regarding the request;
    (3) The request should state whether the requester wishes to 
inspect the records or desires to receive an electronic copy or have a 
copy made and furnished without first inspecting the records;
    (4) For the purpose of determining any fees that may apply to 
processing a request, a requester should indicate in the request 
whether the requester is a commercial user, an educational institution, 
non-commercial scientific institution, representative of the news 
media, governmental entity, or ``other'' requester, as those terms are 
defined in section 1070.22(b) of this subpart, and the basis for 
claiming that fee category. Requesters may seek assistance in 
determining the appropriate fee category by contacting the CFPB's FOIA 
Public Liaison at the telephone number listed on the CFPB's Web site, 
https://www.consumerfinance.gov. The CFPB will use any information 
provided to the FOIA Public Liaison solely for the purpose of 
determining the appropriate fee category that applies to the requester;
    (5) If a requester seeks a waiver or reduction of fees associated 
with processing a request, then the request shall include a statement 
to that effect as is required by section 1070.22(e) of this subpart. 
Any request that does not seek a waiver or reduction of fees 
constitutes an agreement of the requester to pay any and all fees (of 
up to $25) that may apply to the request, as otherwise set forth in 
section 1070.22 of this subpart, except that the requester may specify 
in the request an upper limit (of not less than $25) that the requester 
is willing to pay to process the request; and
    (6) If a requester seeks expedited processing of a request, then 
the request must include a statement to that effect as is required by 
section 1070.17 of this subpart.
    (d) Perfected requests; effect of request deficiencies. For 
purposes of computing its deadline to respond to a request, the CFPB 
will deem itself to have received a request only if, and on the date 
that, it receives a request that contains all of the information 
required by and that otherwise conforms with paragraphs (b) and (c) of 
this section. A request that another agency refers to the CFPB will be 
deemed to have been received by the CFPB on the date the request was 
received from the referring agency. The CFPB need not accept a request, 
process a request, or be bound by any deadlines in this subpart for 
processing a request that fails to conform to the requirements of 
paragraphs (b) and (c) of this section. If a request is deficient in 
any material respect, then the CFPB may return it to the requester and 
advise the requester in what respect the request is deficient, and what 
additional information is needed to respond to the request. The 
requester may then amend or resubmit the request. A determination by 
the CFPB that a request is deficient in any respect is not a denial of 
a request for records and such determinations are not subject to 
appeal. If a requester fails to respond to a CFPB notification that a 
request is deficient within thirty (30) days of the CFPB's 
notification, the CFPB will deem the request withdrawn.
    (e) Requests by an individual for CFPB records pertaining to that 
individual. An individual who wishes to inspect or obtain copies of 
records of the Bureau that pertain to that individual shall file a 
request in accordance with subpart E of these rules.
    (f) Requests for CFPB records pertaining to another individual. 
Where a request for records pertains to a third party, a requester may 
receive greater access by submitting either a notarized authorization 
signed by that individual or a declaration by that individual made in 
compliance with the requirements set forth in 28 U.S.C. 1746 
authorizing disclosure of the records to the requester, or submits 
proof that the individual is deceased (e.g., a copy of a death 
certificate or an obituary). The CFPB may require a requester to supply 
additional information if necessary in order to verify that a 
particular individual has consented to disclosure.


Sec.  1070.15  Responsibility for responding to requests for CFPB 
records.

    (a) In general. In determining which records are responsive to a 
request, the CFPB ordinarily will include only records in its 
possession as of the date the CFPB begins its search for them. If any 
other date is used, the CFPB shall inform the requester of that date.
    (b) Authority to grant or deny requests. The Chief FOIA Officer 
shall be authorized to grant or deny any request for a record of the 
CFPB.
    (c) Consultations and referrals. (1) When a requested record has 
been created by an agency other than the CFPB, the CFPB shall refer the 
record to the originating agency for a direct response to the 
reque