Privacy Act of 1974, as Amended, 45763-45765 [2011-19425]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45763-45765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19425]


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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'') or the ``Bureau'' 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-
0015, 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 No. 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 system of records described in this notice, CFPB.007--
Directory Database, will provide the CFPB with a single, agency-wide 
repository of identifying and registration information concerning 
entities offering or providing, or materially assisting in the offering 
or provision of, consumer financial products or services. By ensuring 
the use of consistent information across the agency, the Directory 
Database will enable the CFPB to carry out its supervisory, 
enforcement, and regulatory authorities in an efficient and effective 
manner. 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

[[Page 45764]]

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.007--Directory Database'' is 
published in its entirety below.

    Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.007

System Name:
    CFPB Directory Database.

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

Categories of individuals covered by the system:
    Individuals covered by this system are: (1) Individuals who 
directly, indirectly, or acting through or concert with one or more 
other individuals, own or control an entity offering or providing, or 
materially assisting in the offering or provision of, consumer 
financial products or services (collectively, ``covered persons'' and 
``service providers''); (2) current and former directors, officers, 
employees, shareholders, agents, and independent contractors of such 
entities; (3) other related persons, as necessary, including without 
limitation, persons who have personal financial arrangements with 
covered persons, representatives or counsel of covered persons or 
related persons; and (4) individuals who provide information on covered 
persons or entities such as employees of state attorneys general 
offices. Information contained in the Directory Database 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 this system may contain, without limitation, 
the following types of personally identifiable information: name, 
address, e-mail address, phone number, social security number, alien 
registration number, passport number, driver's license or state 
identification number, or other unique number used to establish 
identity of the owner or controlling person, employment status, age, 
gender, ethnicity, and date of birth. Additionally, records may contain 
information relating to the business activities and transactions of 
covered persons and entities and their associated persons. Other 
information may include without limitation: name, location, charter 
number, charter type, and date of last examination of each entity and 
the types of financial products offered by each organization.
    Information contained in the Directory Database will be collected 
from a variety of sources, including, without limitation: (1) The 
individuals who own, control, or work for covered persons or service 
providers; (2) existing databases maintained by other Federal and state 
regulatory associations, agencies, and related entities; (3) third-
parties with relevant information about covered persons or services 
providers; and (4) information generated by CFPB employees. Whenever 
practicable, the CFPB will collect information about an individual 
directly from that individual.

Authority for maintenance of the system:
    Pub. L. No. 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 create an 
agency-wide repository of identifying and registration information 
concerning entities and their affiliates offering or providing, or 
materially assisting in the offering or provision of, consumer 
financial products or services. By ensuring the use of consistent 
information across the agency, the Directory Database will enable the 
CFPB to carry out its supervisory, enforcement, and regulatory 
authorities in an efficient and effective manner.

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) 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 the 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,

[[Page 45765]]

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 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;
    (9) 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; and
    (10) 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.

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, social security number, passport 
number, driver's license or state identification number, or other 
unique number used to establish identity of the owner or controlling 
person, address, account number, phone number, 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 Records Administration approves the 
CFPB's records disposition schedule.

System manager(s) and address:
    Consumer Financial Protection Bureau, Chief Technology Officer, 
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 entities offering or 
providing consumer financial products or services.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-19425 Filed 7-29-11; 8:45 am]
BILLING CODE 4810-25-P