Privacy Act of 1974, as Amended, 77472-77473 [2011-31894]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 76, Number 239 (Tuesday, December 13, 2011)]
[Notices]
[Pages 77472-77473]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31894]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0041]


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 new Privacy Act System of Records.

DATES: Comments must be received no later than January 12, 2012. The 
new database 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-
0041, 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 111-203, Title X, established 
the CFPB. The CFPB administers, enforces, and implements federal 
consumer financial laws, and, among other powers, has authority to 
protect consumers from unfair, deceptive, and abusive practices when 
obtaining consumer financial products or services. The Act establishes 
an Ombudsman's Office, Section 1013(a)(5), to liaise between the CFPB 
and ``any affected person with respect to any problem that such party 
may have in dealing with the Bureau, resulting from the regulatory 
activities of the Bureau.'' The Ombudsman's Office is an independent, 
impartial, and confidential resource that will advocate for a fair 
process to resolve issues between the CFPB and an individual or a 
financial product or service provider. The CFPB Ombudsman's Office will 
maintain the records covered by this notice.
    The new system of records described in this notice, CFPB.010--CFPB 
Ombudsman System will allow the Ombudsman's Office to track inquiries 
submitted to the Ombudsman while they are being adjudicated.
    The report of the 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.010--Ombudsman System'' is 
published in its entirety below.

    Dated: December 8, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.010

System Name:
    CFPB Ombudsman System.

System Location:
    CFPB Ombudsman's Office, Consumer Financial Protection Bureau, 1700 
G Street NW., Washington DC 20006.

 Categories of individuals covered by the system:
    Individuals, which may include, without limitation: (1) Current or 
former officers, employees, shareholders, agents, and independent 
contractors of covered persons and service providers as defined by the 
Act; (2) those who submit inquiries to the CFPB Ombudsman's Office and 
their representatives; and (3) employees of the CFPB assigned to review 
and/or respond to any inquiries, as requested by the Ombudsman's 
Office.

Categories of records in the system:
    Records maintained in the system may contain, without limitation: 
(1) Correspondence (including letters, memoranda, faxes, telegrams, and 
emails) received and sent; (2) identifying information regarding the 
individual who submitted the inquiry, such as the individual's name, 
phone number, address, email address, and any other disclosed 
identifiable information; (3) information about the CFPB employee who 
is responsible for addressing the inquiry; (4) information on the 
status of the inquiry; and (5) relevant dates.

Authority for maintenance of the system:
    Public Law 111-203, Title X, Section 1013, codified at 12 U.S.C. 
5493; Privacy Act of 1974, as amended, 5 U.S.C. 552a.\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:
    The purpose of the information system is to enable the CFPB 
Ombudsman to efficiently and securely process information while 
providing assistance to individuals, financial product or service 
providers, or their

[[Page 77473]]

representatives in resolving problems with the CFPB.

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 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) 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 Ombudsman's Office or Federal Government 
and who have a need to access 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; and
    (7) 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 the name 
of the individual or type of financial product or service provider, the 
date of the inquiry, the inquiry control number, or some combination 
thereof.

Safeguards:
    Access to electronic records is restricted to authorized CFPB 
Ombudsman 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 CFPB Ombudsman personnel whose 
official duties require access.

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

System manager(s) and address:
    Consumer Financial Protection Bureau, Ombudsman, 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, ``Disclosure of Records and Information.'' 
Address such requests to: Chief Privacy Officer, Consumer Financial 
Protection Bureau, 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 in this system is maintained about individuals or 
financial product or service providers who submit inquiries to the CFPB 
Ombudsman's Office and Ombudsman employees assigned to help review or 
respond to such inquiries.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-31894 Filed 12-12-11; 8:45 am]
BILLING CODE 4810-AM-P