Privacy Act of 1974, as Amended, 27446-27447 [2012-11233]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27446-27447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11233]



[[Page 27446]]

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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.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Bureau of Consumer Financial Protection, herein 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 June 11, 2012. The new 
system of records will be effective June 19, 2012 unless the comments 
received result in a contrary determination.

ADDRESSES: You may submit comments by any of the following methods:
     Electronic: privacy@cfpb.gov.
     Mail or Hand Delivery/Courier: Claire Stapleton, Chief 
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street 
NW., Washington, DC 20552.
    Comments will be available for public inspection and copying at 
1700 G Street NW., Washington, DC 20552 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 20552, (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, abusive, and 
discriminatory 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.018--
Litigation Files will track and store electronic information, including 
both imaged and paper documents, to allow the Bureau to represent 
itself and its components in court cases and administrative 
proceedings.
    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.018--Litigation Files'' is 
published in its entirety below.

    Dated: May 4, 2012.
 Claire Stapleton,
 Chief Privacy Officer.
CFPB.018

System Name:
    Litigation Files.

System Location:
    Consumer Financial Protection Bureau, 1700 G Street NW., Washington 
DC, 20552.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include, but are not limited to: 
(1) Individuals who are involved in litigation with the Bureau or the 
United States (regarding matters within the jurisdiction of the Bureau) 
either as plaintiffs or as defendants in both civil and criminal 
matters; (2) individuals who are involved in litigation regarding 
matters within the jurisdiction of the Bureau, either as plaintiffs or 
as defendants, in which the Bureau becomes involved as an amicus curiae 
or intervener; (3) individuals who either file administrative 
complaints against the Bureau or are the subjects of administrative 
complaints initiated by the Bureau; (4) CFPB or other federal employees 
whose duties are related to litigation activities; (5) participants in 
CFPB referrals, investigations, rulemaking, advisory, and law 
enforcement proceedings; (6) parties requesting formal advisory 
opinions; (7) parties involved in a contract claim or bid protest; and 
(8) parties who request review by the Bureau or other federal agencies 
of potential settlements under the Class Action Fairness Act 
(``CAFA''). 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 and aggregate, non-identifiable information is not 
subject to the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system contain information pertaining to the 
subject matter of the litigation, administrative complaint, or adverse 
personnel action as well as records generated during the process of 
creating the litigation function of the Bureau. Such records may 
include complaints, litigation reports, administrative transcripts, 
various litigation documents, investigative materials, correspondence, 
briefs, court orders and judgments, affidavits and other statements 
from witnesses, internal staff memoranda, interview notes, 
investigative notes, staff working papers, draft materials, and other 
related documents and records, correspondence and internal status 
reports including matter initiation reports and closing reports.
    Records maintained in the system may contain: Identifiable 
information about individuals such as name, address, email address, 
phone number, social security number, employment status, age, date of 
birth, financial information, credit information, and personal history.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, Title X, Section 1012, codified at 12 U.S.C. 
Sec.  5492, and Section 1054, codified at 12 U.S.C. Sec.  5564.

PURPOSE(S):
    This system will track and store electronic information, including 
imaged and paper documents, to allow the Bureau to represent itself and 
its components in court cases and administrative proceedings.

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

[[Page 27447]]

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) The Federal Trade Commission (``FTC'') or other federal banking 
agencies, for their use in providing legal advice to the CFPB, where 
the use of such information by these agencies is deemed by the CFPB to 
be relevant and necessary to the Bureau's involvement in a proceeding 
as a party, amicus curiae or intervener;
    (8) DOJ, the FTC, or other federal banking agencies, in connection 
with the CFPB's or these agencies' review of CAFA notices that the CFPB 
has received;
    (9) 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;
    (10) 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;
    (11) 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;
    (12) 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
    (13) Officials of a labor organization when relevant and necessary 
to their duties of exclusive representation concerning personnel 
policies, practices, and matters affecting working conditions.

POLICIES AND PRACTIES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPENSING OF RECORDS IN THE SYSTEM:
Storage:
    Records maintained in this system are stored electronically and in 
file folders. Paper copies of individual records are made by the 
authorized CFPB staff.

RETRIEVABILITY:
    Records are retrievable by a variety of fields including, without 
limitation, name of the individual involved in a case, address, account 
number, social security 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 General Counsel for 
Litigation, Office of General Counsel, 1700 G Street NW., Washington, 
DC 20552.

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 20552.

RECORD ACCESS PROCEDURE:
    See ``Notification Procedures'' above.

CONTESTING RECORD PROCEDURES:
    See ``Notification Procedures'' above.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from individuals who are 
involved in litigation, including CFPB or other federal employees, 
participants in CFPB investigations, rulemaking, advisory, and law 
enforcement proceedings and those requesting formal advisory opinions.

EXEMTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2012-11233 Filed 5-9-12; 8:45 am]
BILLING CODE 4810-AM-P