Privacy Act of 1974, as Amended, 45757-45759 [2011-19424]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45757-45759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19424]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / 
Notices

[[Page 45757]]



BUREAU OF CONSUMER FINANCIAL PROTECTION


Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of Proposed Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Bureau of Consumer Financial Protection, hereinto referred to as the 
Consumer Financial Protection Bureau (``CFPB'') gives notice of the 
establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than August 31, 2011. The new 
system of records will be effective September 12, 2011 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0013, 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: Claire 
Stapleton, Chief Privacy Officer, 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 notice. 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 St., 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 comments by telephoning 
(202) 435-7220. All comments, including attachments and other 
supporting materials, will become part of the public record and subject 
to public disclosure. You should submit only information that you wish 
to make available publicly.

FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1801 L Street, NW., 
Washington, DC 20036, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Protection Act (``Act''), Public Law 111-203, Title X, 
established the CFPB to administer and enforce federal consumer 
financial protection law. The CFPB will maintain the records covered by 
this notice.
    The new systems of records described in this notice, CFPB.004--
Enforcement Database, will enable the CFPB to carry out its 
responsibilities with respect to the enforcement of federal consumer 
financial protection law. A description of the new system of records 
follows this Notice.
    The report of a new system of records has been submitted to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).
    The system of records entitled, ``CFPB.004--Enforcement Database'' 
is published in its entirety below.

    Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.004

System Name:
    CFPB Enforcement Database.

System Location:
    Consumer Financial Protection Bureau, 1801 L Street, NW., 
Washington, DC 20036.

Categories of individuals covered by the system:
    Covered individuals include:
    (1) Individuals who are current or former directors, officers, 
employees, shareholders, agents, and independent contractors of covered 
persons or service providers, who are or have been the subjects of or 
otherwise associated with an investigation or enforcement action by the 
CFPB, or have been named in connection with suspicious activity reports 
or administrative enforcement orders or agreement. Covered persons and 
service providers include banks, savings associations, credit unions, 
thrifts, non-depository institutions, or other persons, offering, 
providing, or assisting with the provision of consumer financial 
products or services.
    (2) Current, former, and prospective consumers who are or have been 
customers or prospective customers of, solicited by, or serviced by 
covered persons or service providers if such individuals have provided 
information, including complaints about covered persons or service 
providers, or are or have been witnesses in or otherwise associated 
with an enforcement action by the CFPB.
    (3) Applicants, current and former directors, officers, employees, 
shareholders, agents, and independent contractors of persons and 
entities that have business relationships with covered persons or 
service providers who are or have been the subject of an enforcement 
action by the CFPB.
    (4) Current, former, and prospective customers of persons and 
entities that have business relationships with covered persons or 
service providers that are or have been the subject of an enforcement 
action by the CFPB, and the customers are complainants against covered 
persons or service providers, or witnesses in or otherwise associated 
with an enforcement action.
    (5) Other individuals who have inquired about or may have 
information relevant to an investigation or proceeding concerning a 
possible violation of federal consumer financial law. Information 
collected regarding consumer financial products and services is subject 
to the Privacy Act only to the extent that it concerns individuals; 
information pertaining to corporations and other business entities and 
aggregate, non-identifiable information is not subject to the Privacy 
Act.

Categories of records in the system:
    Records maintained in the system may contain: Identifiable 
information about individuals such as name, address, e-mail address, 
phone number, social security number, employment status, age, date of 
birth, financial

[[Page 45758]]

information, credit information, and personal history. Records in this 
system are collected and generated during the investigation of 
potential violations and enforcement of laws and regulations under the 
jurisdiction of the CFPB and may include (1) Records provided to the 
CFPB about potential or pending investigations, administrative 
proceedings, and civil litigation; (2) evidentiary materials gathered 
or prepared by the CFPB or obtained for use in investigations, 
proceedings, or litigation, and work product derived from or related 
thereto; (3) staff working papers, memoranda, analyses, databases, and 
other records and work product relating to possible or actual 
investigations, proceedings, or litigation; (4) databases, 
correspondence, and reports tracking the initiation, status, and 
closing of investigations, proceedings, and litigation; (5) 
correspondence and materials used by the CFPB to refer criminal and 
other matters to the appropriate agency or authority, and records 
reflecting the status of any outstanding referrals; (6) correspondence 
and materials shared between the CFPB and other federal and state 
agencies; (7) consumer complaints made or referred to the CFPB.

Authority for maintenance of the system:
    Public Law 111-203, Title X, Sections 1011, 1012, 1021, codified at 
12 U.S.C. 5491, 5492, 5511.\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 published rules on the Disclosure of 
Records and Information within 12 CFR Chapter X. This SORN is 
published pursuant to those rules and the Privacy Act.
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Purpose(s):
    The information in the system is being collected to enable the CFPB 
to carry out its responsibilities with respect to enforcement of Title 
X of the Dodd-Frank Wall Street Reform and Consumer Protection Act and 
other federal consumer financial law, including: (1) The investigation 
of potential violations of federal consumer financial law; (2) the 
pursuit of administrative or civil enforcement actions; and (3) the 
referral of matters, as appropriate, to the Department of Justice or 
other federal or state agencies.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed, consistent with the CFPB Disclosure 
of Records and Information Rules promulgated in the title of the CFR 
to:
    (1) Appropriate agencies, entities, and persons when: (a) The CFPB 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the CFPB 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the CFPB or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the CFPB's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm;
    (2) Another federal or state agency to: (a) Permit a decision as to 
access, amendment or correction of records to be made in consultation 
with or by that agency; or (b) verify the identity of an individual or 
the accuracy of information submitted by an individual who has 
requested access to, or amendment or correction of records;
    (3) To the Office of the President in response to an inquiry from 
that office made at the request of the subject of a record or a third 
party on that person's behalf;
    (4) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (5) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job or other 
activity on behalf of the CFPB or Federal Government and who have a 
need to access information in the performance of their duties or 
activities;
    (6) Any authorized agency or component of the Department of 
Treasury, the Department of Justice, the Federal Reserve System, the 
Federal Deposit Insurance Corporation or other law enforcement 
authorities including disclosure by such authorities:
    (a) To the extent relevant and necessary in connection with 
litigation in proceedings before a court or other adjudicative body, 
where (i) the United States is a party to or has an interest in the 
litigation, including where the agency, or an agency component, or an 
agency official or employee in his or her official capacity, or an 
individual agency official or employee whom the Department of Justice 
or the Bureau has agreed to represent, is or may likely become a party, 
and (ii) the litigation is likely to affect the agency or any component 
thereof; or
    (b) To outside experts or consultants when considered appropriate 
by CFPB staff to assist in the conduct of agency matters;
    (7) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the CFPB or in representing the CFPB in a 
proceeding before a court, adjudicative body, or other administrative 
body, where the use of such information by the DOJ is deemed by the 
CFPB to be relevant and necessary to the advice or proceeding, and in 
the case of a proceeding, such proceeding names as a party in interest:
    (a) The CFPB;
    (b) Any employee of the CFPB in his or her official capacity;
    (c) Any employee of the CFPB in his or her individual capacity 
where DOJ or the CFPB has agreed to represent the employee; or
    (d) The United States, where the CFPB determines that litigation is 
likely to affect the CFPB or any of its components;
    (8) A grand jury pursuant either to a federal or state grand jury 
subpoena, or to a prosecution request that such record be released for 
the purpose of its introduction to a grand jury, where the subpoena or 
request has been specifically approved by a court. In those cases where 
the Federal Government is not a party to the proceeding, records may be 
disclosed if a subpoena has been signed by a judge;
    (9) A court, magistrate, or administrative tribunal in the course 
of an administrative proceeding or judicial proceeding, including 
disclosures to opposing counsel or witnesses (including expert 
witnesses) in the course of discovery or other pre-hearing exchanges of 
information, litigation, or settlement negotiations, where relevant or 
potentially relevant to a proceeding, or in connection with criminal 
law proceedings;
    (10) Appropriate agencies, entities, and persons, including but not 
limited to potential expert witnesses or witnesses in the course of 
investigations, to the extent necessary to secure information relevant 
to the investigation;
    (11) Appropriate federal, state, local, foreign, tribal, or self-
regulatory organizations or agencies responsible for investigating, 
prosecuting, enforcing, implementing, issuing, or carrying out a 
statute, rule, regulation, order, policy, or license if the information 
may be relevant to a potential violation of civil or criminal law, 
rule, regulation, order, policy or license; and
    (12) An entity or person that is the subject of supervision or 
enforcement activities including examinations,

[[Page 45759]]

investigations, administrative proceedings, and litigation, and the 
attorney or non-attorney representative for that entity or person.

Policies and practices for storing, retrieving, accessing, retaining, 
and dispensing of records in the system:
Storage:
    Paper and electronic records.

Retrievability:
    Records are retrievable by a variety of fields including without 
limitation the individual's name, address, account number, social 
security number, transaction number, phone number, date of birth, or by 
some combination thereof.

Safeguards:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferrable access codes and passwords. 
Other records are maintained in locked file cabinets or rooms with 
access limited to those personnel whose official duties require access.

Retention and disposal:
    The CFPB will maintain computer and paper records indefinitely 
until the National Archives and Record Administration approves the 
CFPB's records disposition schedule.

System manager(s) and address:
    The Consumer Financial Protection Bureau, Assistant Director for 
Enforcement, 1801 L Street, NW., Washington, DC 20036.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
inquire in writing in accordance with instructions appearing in Title 
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.'' 
Address such requests to: Chief Privacy Officer, Bureau of Consumer 
Financial Protection, 1801 L St., NW., Washington, DC 20036.

Record access procedures:
    See ``Notification Procedures'' above.

Contesting record procedures:
    See ``Notification Procedures'' above.

Record source categories:
    Information in this system is obtained from banks, savings 
associations, credit unions, or non-depository institutions or other 
persons offering or providing consumer financial products or services, 
current, former, and prospective consumers who are or have been 
customers or prospective employees and agents of such persons, and 
current, former, and prospective customers of such entities and 
persons, and others with information relevant to the enforcement of 
federal consumer financial laws.

Exemptions claimed for the system:
    Portions of the records in this system are complied for law 
enforcement purposes and are exempt from disclosure under CFPB's 
Privacy Act regulations and 5 U.S.C. 552a(k)(2). Federal criminal law 
enforcement investigatory reports maintained as part of this system may 
be the subject of exemptions imposed by the originating agency pursuant 
to 5 U.S.C. 552a(j)(2).

[FR Doc. 2011-19424 Filed 7-29-11; 8:45 am]
BILLING CODE 4810-25-P