Privacy Act of 1974, as Amended, 45765-45767 [2011-19428]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45765-45767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19428]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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-
0011, 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.002--
Depository Institution Supervision Database, will be used to enable the 
CFPB to carry out its responsibilities with respect to certain banks, 
savings associations, credit unions, and their affiliates and service 
providers, including the coordination and conduct of examinations, 
supervisory evaluations and analyses, and enforcement actions. The 
system will also allow the CFPB to coordinate with other financial 
regulatory agencies. 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

[[Page 45766]]

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.002--Depository Institution 
Supervision Database'' is published in its entirety below.

    Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.002

System Name:
    CFPB Depository Institution Supervision 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 
themselves are, and current and former directors, officers, employees, 
agents, shareholders, and independent contractors of banks, savings 
associations, or credit unions; (2) Current and former consumers who 
are or have been in the past serviced by banks, savings associations, 
or credit unions subject to the supervision of the CFPB; and (3) CFPB 
employees assigned to supervise banks, savings associations, or credit 
unions. Information collected regarding consumer 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 is not subject to the Privacy Act.

Categories of records in the system:
    Records in the system may contain information provided by a 
supervised institution, by individuals who are or have been serviced by 
a supervised institution, or other government authorities, to the CFPB 
in the exercise of CFPB's responsibilities and used to assess an 
institution's compliance with various statutory and regulatory 
obligations. This may include: (1) Personally identifiable information 
from customers of banks, savings associations, or credit unions, 
including without limitation, name, account numbers, address, phone 
number, e-mail address, and date of birth; (2) contact information of 
officials of institutions such as members of the Board of Directors, 
Audit Committee Chair, Chief Executive Officer, Chief Compliance 
Officer, Internal Auditor, and Independent Auditor including, without 
limitation, name, address, phone number and e-mail address; (3) 
information about CFPB employees assigned to depository institution 
supervision tasks, including, without limitation, name, phone number, 
e-mail address, address, and other employment information; and (4) 
Confidential Supervision Information or Personal Information, including 
information relating to individuals that is derived from Confidential 
Supervisory Information or from consumer complaints. This information 
may include, without limitation, reports of examinations and associated 
documentation regarding compliance with consumer financial protection 
laws; documents assessing the current and past safety and soundness/
risk management of a covered person or service provider; reports of 
consumer complaints; and correspondence relating to any category of 
information discussed above and actions taken to remedy deficiencies in 
these areas.
    Information contained in the Depository Institution Supervision 
Database is 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, law enforcement 
agencies, and related entities; (3) third parties with relevant 
information about covered persons or services providers; and (4) 
information generated by CFPB employees or about CFPB employees 
assigned supervisory tasks. Whenever practicable, the CFPB will collect 
information about an individual directly from that individual.

Authority for maintenance of the system:
    Public Law 111-203, Title X, Section 1011, 1012, 1021, 1025, 
codified at 12 U.S.C. 5491, 5492, 5511, 5515.\1\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

Purpose(s):
    The information in the system is being collected to enable the CFPB 
to carry out its responsibilities with respect to banks, savings 
associations, credit unions, and their affiliates and service 
providers, including the coordination and conduct of examinations, 
supervisory evaluations and analyses, enforcement actions, actions in 
Federal court, and coordination with other financial regulatory 
agencies. The information collected in this system will also support 
the conduct of investigations or be used as evidence by the CFPB or 
other supervisory or law enforcement agencies. This may result in 
criminal referrals, referral to the Federal Reserve Office of Inspector 
General, or the initiation of administrative or Federal court actions. 
This system will track and store examination and inspection documents 
created during the performance of the CFPB's statutory duties. This 
system also will enable the CFPB to monitor and coordinate regular 
examinations and required reports, supervisory evaluations and 
analyses, and enforcement actions internally and with other Federal and 
state regulators.

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;

[[Page 45767]]

    (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, 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, 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, complaint/inquiry case number, 
address, account 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 Records Administration approves the 
CFPB's records disposition schedule.

System manager(s) and address:
    Consumer Financial Protection Bureau, Assistant Director of Large 
Bank Supervision, 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, and their affiliates and service 
providers, persons subject to the CFPB's authority, and current, 
former, and prospective consumers who are or have been customers or 
prospective customers of covered 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. 2011-19428 Filed 7-29-11; 8:45 am]
BILLING CODE 4810-25-P