Privacy Act of 1974, as Amended, 71327-71329 [2011-29689]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71327-71329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29689]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0036]


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 December 19, 2011. The 
new system of records will be effective December 27, 2011 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0036, by any of the following methods:
     Electronic: https://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Claire Stapleton, Chief Privacy Officer, Consumer 
Financial Protection Bureau, 1700 G Street NW., Washington, DC 20006.

     Hand Delivery/Courier in Lieu of Mail: Claire Stapleton, 
Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G 
Street NW., Washington, DC 20006.

All submissions must include the agency name and docket number 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 1700 G Street NW., Washington, DC 
20006 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, 1700 G St. NW., 
Washington, DC 20006, (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 the federal consumer 
financial protection laws. The CFPB will maintain the records covered 
by this notice.
    The new system of records described in this notice, CFPB.009--
Employee Administrative Records System will be used to administer the 
benefits, retirement, human resources, and payroll programs for current 
and former CFPB employees and their named dependents and/or 
beneficiaries, as well as to assist in personnel management. 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.009--CFPB Employee 
Administrative Records System'' is published in its entirety below.


[[Page 71328]]


    November 10, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.009

System Name:
    Employee Administrative Records System

System Location:
    Consumer Financial Protection Bureau, 1700 G St. NW., Washington, 
DC 20006

Categories of individuals covered by the system:
    Current and former CFPB employees and their named dependents and/or 
beneficiaries, and individuals who have been extended offers of 
employment.

Categories of records in the system:
    Records in the system may contain data relating to individuals who 
have been extended offers of employment, current and former CFPB 
employees and their named dependents and/or beneficiaries, including 
but not limited to the following: (1) Identification and contact 
information; (2) demographic data; (3) payroll data; (4) employment 
related programs such as performance reports, training, and other 
information relative to employment by the CFPB; (5) benefits data, such 
as health, life, travel and disability insurance information; and (6) 
retirement benefits information.

Authority for maintenance of the system:
    Pub. L. No. 111-203, Title X, Sections 1012, 1021, codified at 12 
U.S.C. Sec. Sec.  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 administer payroll, benefits, and other employment-related programs 
including retirement calculations and pay for current and former CFPB 
employees and their named dependents and/or beneficiaries.

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's rules 
relating to Disclosure of Records and Information. Rules are 
promulgated at 12 CFR 1070 et seq 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 record;
    (3) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (4) 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;
    (5) 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 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;
    (6) 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;
    (7) 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;
    (8) Appropriate agencies, entities, and persons to the extent 
necessary to obtain information relevant to current and former CFPB 
employees' benefits, compensation, and employment;
    (9) Appropriate federal, state, local, foreign, tribal, or self-
regulatory organization or agency 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;
    (10) National, state or local income security and retirement 
agencies or entities involved in administration of employee retirement 
and benefits programs (e.g., state unemployment compensation agencies 
and state pension plans) and any of such agencies' contractors or plan 
administrators, when necessary to determine employee eligibility to 
participate in retirement or employee benefits programs, process 
employee participation in those programs, process claims with respect 
to individual employee participation in those programs, audit benefits 
paid under those programs, or perform any other administrative function 
in connection with those programs;
    (11) An executor of the estate of a current or former employee, a 
government entity probating the will of a current or former employee, a 
designated beneficiary of a current or former employee, or any person 
who is responsible for the care of a current or former employee, where 
the employee has died, has been declared mentally incompetent, or is 
under other legal disability, to the extent necessary to assist in 
obtaining any employment benefit or working condition for the current 
or former employee;
    (12) The Internal Revenue Service and other governmental entities 
that are authorized to tax employees' compensation with wage and tax 
information in accordance with a withholding agreement with the CFPB

[[Page 71329]]

pursuant to 5 U.S.C. 5516, 5517, and 5520, for the purpose of 
furnishing employees with IRS Forms W-2 that report such tax 
distributions;
    (13) Unions recognized as exclusive bargaining representatives 
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111, 7114; and
    (14) Carriers, providers and other federal agencies involved in 
administration of employee retirement and benefits programs and such 
agencies' contractors or plan administrators, when necessary to 
determine employee eligibility to participate in retirement and 
benefits programs, process employee participation in those programs, 
process claims with respect to individual employee participation in 
those programs, audit benefits paid under those programs, or perform 
any other administrative function in connection with those programs and 
federal agencies that perform payroll and personnel processing and 
employee retirement and benefits plan services under interagency 
agreements or contracts, including the issuance of paychecks to 
employees, the distribution of wages, the administration of deductions 
from paychecks for retirement and benefits programs, and the 
distribution and receipt of those deductions. These agencies include, 
without limitation, the Department of Labor, the Department of Veterans 
Affairs, the Social Security Administration, the Federal Retirement 
Thrift Investment Board, the Department of Defense, the Office of 
Personnel Management, the Board of Governors of the Federal Reserve 
System, the Department of the Treasury, and the National Finance Center 
at the U.S. Department of Agriculture.

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, 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.

System manager(s) and address:
    Consumer Financial Protection Bureau, Chief Technology Officer, 
1700 G St. NW., Washington, DC 20006.

Retention and disposal:
    The CFPB will maintain electronic and paper records under the 
National Archives and Records Administration (NARA) schedules General 
Records Schedule (GRS) GRS 01 and GRS 02.

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 12 CFR 
1070.50 et seq. Address such requests to: Chief Privacy Officer, 
Consumer Financial Protection Bureau, 1700 G St., NW., Washington, DC 
20006.

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

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

Record source categories:
    Information in this system is obtained from individuals and 
entities associated with benefits, retirement, human resource, and 
payroll systems administration.

Exemptions claimed for the system:
    None.
[FR Doc. 2011-29689 Filed 11-16-11; 8:45 am]
BILLING CODE 4810-AM-P