Privacy Act of 1974; Implementation of Exemptions, 64241 [2012-24952]

Agencies

• CONSUMER FINANCIAL PROTECTION BUREAU

[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Proposed Rules]
[Page 64241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24952]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / 
Proposed Rules

[[Page 64241]]



CONSUMER FINANCIAL PROTECTION BUREAU

12 CFR Part 1070

[Docket No. CFPB-2012-0038]


Privacy Act of 1974; Implementation of Exemptions

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Consumer Financial Protection Bureau (``CFPB'' or the 
``Bureau'') is proposing to amend its regulations to exempt portions of 
its system of records entitled ``CFPB.005--Consumer Response System'' 
from certain provisions of the Privacy Act of 1974, as amended (the 
``Privacy Act'').

DATES: Comments must be received on or before November 19, 2012.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2012-
0038, by any of the following methods:
     Electronic: www.regulations.gov. Follow the instructions 
for submitting comments.
     Email: privacy@cfpb.gov.
     Mail/Hand Delivery/Courier: Claire Stapleton, Chief 
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street 
NW., Washington, DC 20552.
    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 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:

Background

    The CFPB is re-publishing its System of Records Notice entitled 
``CFPB.005--Consumer Response System.'' The CFPB uses the Consumer 
Response System (``CRS'') to collect, process, respond to, and refer 
consumer complaints or inquiries regarding consumer financial products 
and services.
    The CFPB also uses information in CRS to investigate whether 
allegations set forth in consumer complaints describe potential 
violations of law and if so, to determine whether and to whom to refer 
such allegations for possible law enforcement actions. Sensitive 
information about the CFPB's investigative processes, techniques, and 
conclusions are recorded in CRS.
    Pursuant to subsection (k) of the Privacy Act, 5 U.S.C. 552a(k), 
the CFPB proposes to amend its Rule on the Disclosure of Documents and 
Information, 12 CFR part 1070, to exempt this investigative information 
from public access and certain other provisions of the Privacy Act as 
well as corresponding provisions of Subpart E of the Rule. The CFPB 
deems this exemption to be necessary to prevent interference with law 
enforcement investigations as well as compromise of its investigative 
processes that could ensue if the CFPB divulged to the public 
information about particular consumer complaint investigations or 
investigative techniques and methods.
    Where the CFPB does not have reason to expect that its provision of 
public access to investigatory information in CRS would interfere with 
pending law enforcement investigations or compromise the CFPB's law 
enforcement process, then the CFPB may, in its discretion, waive the 
applicable exemption.

Procedural Requirements

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 (the 
``RFA''), requires each agency to consider the potential impact of its 
regulations on small entities, including small businesses, small 
governmental units, and small not-for-profit organizations, unless the 
head of the agency certifies that the rule will not have a significant 
economic impact on a substantial number of small entities. The 
undersigned so certifies. The proposed rule would not impose any 
obligations or standards of conduct for purposes of analysis under the 
RFA, and it therefore would not give rise to a regulatory compliance 
burden for small entities.
    Finally, the Bureau has determined that this proposed rule would 
not impose any new recordkeeping, reporting, or disclosure requirements 
on covered entities or members of the public that would be collections 
of information requiring approval under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq.

List of Subjects in 12 CFR Part 1070

    Confidential business information, Consumer protection, Freedom of 
information, Privacy.

Authority and Issuance

    For the reasons set forth in the Preamble, the Bureau proposes to 
amend 12 CFR part 1070 as follows:

PART 1070--DISCLOSURE OF RECORDS AND INFORMATION

    1. The authority citation for part 1070 continues to read as 
follows:

    Authority: 12 U.S.C. 3401; 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 
5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 30; 5 
U.S.C. 301.

    2. In Sec.  1070.60, add paragraph (a)(4) to read as follows:


Sec.  1070.60  Exempt Records.

    (a) Exempt systems of records: * * *
    (4) CFPB.005 Consumer Response System
* * * * *

    Dated: October 2, 2012.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2012-24952 Filed 10-18-12; 8:45 am]
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