Privacy Act of 1974, as Amended, 77470-77472 [2011-31892]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Notices]
[Pages 77470-77472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31892]


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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. 239 / Tuesday, December 13, 2011 / 
Notices

[[Page 77470]]



BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0042]


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 January 12, 2012. The 
new system of records will be effective January 23, 2012 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0042, 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 Street NW., 
Washington, DC 20006, (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. The CFPB administers, enforces, and implements 
Federal consumer financial law, and, among other powers, has authority 
to protect consumers from unfair, deceptive, and abusive practices when 
obtaining consumer financial products or services. The CFPB will 
maintain the records covered by this notice.
    The new system of records described in this notice, CFPB.012--
Interstate Land Sales Registration Files will contain personal 
information submitted by developers of land or other individuals 
offering 25 or more lots for sale and using any means or instruments of 
interstate commerce (including the mails) in promoting or selling 
properties pursuant to the requirements of the Interstate Land Sales 
Full Disclosure Act, and in the administration and management of the 
Interstate Land Sales Registration Program. The majority of information 
contained in this system is public data, however, it also includes some 
non-public data, such as Social Security numbers.
    Pursuant to section 1061(b)(7) of the Act, the Department of 
Housing and Urban Development (``HUD'') functions of the Interstate 
Land Sales Full Disclosure Act (``ILSA''), 15 U.S.C. 1701 et seq., 
transferred to the Bureau on July 20, 2011.
    HUD previously published a system of records notice for this record 
system on August 25, 1983, at 48 FR166. The CFPB's system of records 
notice replaces the earlier notice published by HUD to reflect that 
fact that that responsibility for maintaining the system of records has 
transferred from HUD to the CFPB.
    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.12-Interstate Land Sales 
Registration Files'' is published in its entirety below.

    Dated: December 8, 2011.
Claire Stapleton,
 Chief Privacy Officer.
CFPB.012

System Name:
    Interstate Land Sales Registration Files.

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

Categories of individuals covered by the system:
    Individuals who are developers of land and other individuals 
offering 25 or more lots for sale and using any means or instruments of 
interstate commerce (including the mails).

Categories of records in the system:
    Records in this system include, without limitation: Names, 
addresses, Social Security numbers and other identifying information 
contained in property reports; statements of record which contain full 
and current disclosure about the ownership of land; the state of title 
to the land; the physical characteristics of the land; and planned 
availability of roads, services, and utilities. Records also contain 
other information, including: Corporate charter and other entity 
organizational documents, such as articles of incorporation and 
organization and operating and partnership agreements; individual and 
corporate financial statements; title policy; title insurance products; 
deeds; mortgages; local ordinances; health regulations; availability of 
utilities; plats; information on roads and recreational

[[Page 77471]]

facilities and contracts; statistical records; budget estimates; 
microfilm information; exemption applications; and related information 
and documentation.
    The case files also include property reports, correspondence, 
developer filings of land offered for sale, maps, subdivision 
registrations, annual reports, regulatory exemption opinions, advisory 
opinions, and developer notices to the government of voluntary 
suspension of ownership of the property and requests for suspension of 
the effective dates for registration. Additional records may include 
subpoenas, notices of hearings, investigatory documentation, and public 
complaints.
    The majority of information contained in this system is public 
data, however, some of the data, such as Social Security numbers, is 
not available to the public.

Authority for maintenance of the system:
    Public Law 90-448, codified at 15 U.S.C. 1701 et seq.; Public Law 
111-203, Title X, Section 1061(b)(7)(A), codified at 12 U.S.C. 
5581(b)(7)(A).\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 system allows for the submission of information related to 
interstate land sales registrations pursuant to the requirements of the 
Interstate Land Sales Full Disclosure Act, Public Law 90-448, codified 
at 15 U.S.C. 1701 et seq.

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 part 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 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) 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;
    (7) 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;
    (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;
    (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; and
    (11) To the public, to the extent required by 15 U.S.C. 1704(d) and 
the Bureau's regulations.

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, but not 
limited to, OILSR file number, name of subdivision or name of the 
developer, 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 securely 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 Nonbank 
Supervision, 1700 G Street NW., Washington, DC 20006.

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,

[[Page 77472]]

``Disclosure of Records and Information.'' Address such requests to: 
Chief Privacy Officer, Bureau of Consumer Financial Protection, 1700 G 
Street NW., Washington, DC 20006.

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

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

Record source categories:
    Information maintained in this system is obtained from CFPB field 
representatives and individuals who are developers of land and other 
individuals offering 25 or more lots for sale and using any means or 
instruments of interstate commerce (including the mails).

Exemptions claimed for the system:
    None.
[FR Doc. 2011-31892 Filed 12-12-11; 8:45 am]
BILLING CODE 4810-AM-P