Privacy Act of 1974, as Amended, 1049-1051 [2012-103]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Notices]
[Pages 1049-1051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-103]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0045]


 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 February 8, 2012. The 
new system of records will be effective February 21, 2012 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0045, 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 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.015--
Ethics Program Records, will provide the CFPB with a single, agency-
wide repository for questions submitted to the CFPB Ethics Office and 
requests for advice or clarification. The Ethics Program Records will 
allow the CFPB to manage and appropriately document the CFPB's 
compliance with government ethics program requirements. 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).

[[Page 1050]]

    The system of records entitled, ``CFPB.015--Ethics Program 
Records'' is published in its entirety below.

    Dated: January 4, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.015

System Name:
    CFPB Ethics Program Records.

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

Categories of individuals covered by the system:
    Individuals covered by this system include prospective, current and 
former CFPB employees.

Categories of records in the system:
    Records maintained in this system may contain, without limitation, 
the following information about an individual: Name; address; telephone 
number; ethics advice; outside activity approvals (i.e. activities 
outside of, or not related to, a CFPB employee's current official 
work); ethics agreements; information in support of Public Financial 
Disclosure Reports and Confidential Financial Disclosure Reports which 
are not already covered by the government-wide SORNs Executive Branch 
Public Financial Disclosure Reports and Other Ethics Program Records 
(OGE/GOVT-1) and Confidential Statements of Employment and Financial 
Interests (OGE/GOVT-2); and any other name-retrieved Ethics Program 
Records. Information contained in the Ethics Program Records will be 
generated by CFPB employees who: Provide ethics advice; review and 
approve outside activities requests; create ethics agreements; and 
track completion of employee orientation and annual training sessions. 
Whenever practicable, the CFPB will collect information about an 
individual directly from that individual.

Authority for maintenance of the system:
    Ethics in Government Act of 1978, 5 U.S.C. app.; Ethics Reform Act 
of 1989, Pub. L. 101-194; 5 CFR parts 735 & 2634, and other applicable 
ethics-related laws, rules, and Executive Orders; Pub. L. 111-203, 
Title X, Section 1012 codified at 12 U.S.C. 5492.\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 manage and 
appropriately document the CFPB's compliance with government ethics 
program requirements.

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) 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 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; and
    (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; and
    (9) 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, but not 
limited to, the individual's name, address, 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.

[[Page 1051]]

Retention and disposal:
    The CFPB will maintain computer electronic 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, Ethics Officer, 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, 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 in this system is obtained from individuals seeking and 
responding to requests about ethics issues.

Exemptions claimed for the system:
    None.

[FR Doc. 2012-103 Filed 1-6-12; 8:45 am]
BILLING CODE 4810-AM-P