Privacy Act of 1974; System of Records, 64327-64329 [2012-25487]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Notices]
[Pages 64327-64329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25487]


=======================================================================
-----------------------------------------------------------------------

BUREAU OF CONSUMER FINANCIAL PROTECTION


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of Revised Privacy Act System of Records.

-----------------------------------------------------------------------

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 modified Privacy Act System of 
Records.

DATES: Comments must be received no later than November 19, 2012. The 
system of records will be effective November 28, 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/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 CFPB revises its Privacy Act System of 
Records Notice (``SORN'') ``CFPB.005--Consumer Response System.'' In 
revising this SORN, in accordance with its concurrently published 
amendment to the CFPB's Rule on the Disclosure of Records and 
Information (the ``Rule''), the CFPB exempts certain information in the 
SORN from public access and certain other provisions of the Privacy Act 
of 1974, 5 U.S.C. 552a and subpart E of the Rule. The CFPB's rationale 
for the exemption is set forth in its amendment to the Rule. 
Additionally, this notice includes a non-substantive change to the text 
of the Routine Uses found at (8) and (11).
    The report of the revised 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.
    The revised system of records entitled ``CFPB.005--Consumer 
Response System'' is published in its entirety below.

    Dated: October 11, 2012.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.005

System Name:
    CFPB Consumer Response System.

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 are individuals who submit 
complaints or inquiries to the CFPB (on their own or others' behalf); 
individuals on whose behalf complaints or inquiries are submitted by 
others (such as attorneys, members of Congress, third party advocates, 
and/or other governmental organizations); and individuals or employees 
of entities about whom complaints or inquiries have been received by 
prudential regulators, the Federal Trade Commission, other federal 
agencies, state agencies or the CFPB. The term ``prudential 
regulators'' refers to any federal banking agency, as that term is 
defined in section 3 of the Federal Deposit Insurance Act, and the 
National Credit Union Administration.

[[Page 64328]]

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 organizations is not subject to the Privacy Act.

Categories of records in the system:
    Records in the system may contain: (1) Correspondence or other 
information received; (2) information from the entity or individual 
referring the inquiry or complaint; (3) records created of verbal 
communications by or with complainants or other individuals; (4) 
information regarding third party advocates or others who submit 
complaints or inquiries on another's behalf; (5) information 
identifying the entity that is subject to the complaint or inquiry or 
its employees; (6) communication with or by the entity that is subject 
to the complaint or inquiry or its employees; (7) unique identifiers, 
codes, and descriptors categorizing each complaint or inquiry file; (8) 
information about how complaints or inquiries were responded to or 
referred, including any resolution; (9) records used to respond to or 
refer complaints or inquiries, including information in the CFPB's 
other systems of records; and (10) identifiable information regarding 
both the individual who is making the inquiry or complaint, and the 
individual on whose behalf such inquiry or complaint is made, and 
employees of the entity about which the complaint or inquiry was made, 
including name, social security number, account numbers, address, phone 
number, email address, date of birth.

Authority for maintenance of the system:
    Public Law 111-203, Title X, Sections 1011, 1012, 1013(b)(3), 1021, 
1034, codified at 12 U.S.C. 5491, 5492, 5493(b)(3), 5511, 5534.

Purpose(s):
    The information in the system is being collected to enable the CFPB 
to receive, respond to, and refer complaints or inquiries regarding 
consumer financial products or services. The system serves as a record 
of the complaint or inquiry, and is used for collecting complaint or 
inquiry data; responding to or referring the complaint or inquiry; 
aggregating data that will be used to inform other functions of the 
CFPB and, as appropriate, other agencies and/or the public; and 
preparing reports as required by law. This system consists of 
complaints or inquiries received by the CFPB or other entities and 
information concerning responses to or referrals of these complaints or 
inquiries, as appropriate.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses to:
    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 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 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;
    (8) Appropriate agencies, entities, and persons, to the extent 
necessary to obtain information needed to investigate, resolve, 
respond, or refer a complaint or inquiry;
    (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;
    (10) An entity or person that is the subject of the complaint or 
inquiry and the counsel or non-attorney representative for that entity 
or person; and
    (11) Federal and state agencies for the purpose of facilitating the 
data sharing requirements described in 12 U.S.C. 5493(b)(3)(D) 
concerning consumer complaint information.

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 without 
limitation the individual's name, social security number, complaint/
inquiry case number, address, account number, transaction number, phone 
number, date of birth, or by some combination thereof.

Safeguards:
    Access to electronic records is restricted to authorized personnel 
who

[[Page 64329]]

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:
    The Consumer Financial Protection Bureau, Assistant Director of 
Response Center, 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 procedures:
    See ``Notification Procedures'' above.

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

Record source categories:
    Information in this system is obtained from individuals and 
entities filing complaints and inquiries, other governmental 
authorities, and entities that are the subjects of complaints and 
inquiries.

Exemptions claimed for the system:
    Pursuant to 5 U.S.C. 552a(k)(2), to the extent that the Consumer 
Response System contains investigatory materials compiled for law 
enforcement purposes those materials are exempt from disclosure under 5 
U.S.C. 522a.

[FR Doc. 2012-25487 Filed 10-18-12; 8:45 am]
BILLING CODE 4810-AM-P