Privacy Act of 1974, as Amended, 25428-25430 [2013-10204]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25428-25430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10204]


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BUREAU OF CONSUMER FINANCIAL PROTECTION


Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a Revised 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 Bureau), gives notice of 
the establishment of a revised Privacy Act System of Records.

DATES: Comments must be received no later than May 31, 2013. The new 
system of records will be effective June 10, 2013, 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.016--CFPB Advisory Boards and 
Committees.'' In revising this SORN, the CFPB modifies the purpose of 
the system of records to include the evaluation of potential board or 
committee members for eligibility to serve on an advisory board or 
committee to the CFPB (CFPB board or committee). In general, 
evaluations will consist of three parts: (1) Background checks on 
potential CFPB board or committee members to verify identity and 
identify any past or pending civil or criminal actions against such 
individuals; (2) an assessment of an individual's qualifications for 
service on a CFPB board or committee, including reviewing the 
applicant's education, registration in professional societies, work 
experience, record of performance, publications authored, membership on 
other boards and committees, professional awards, etc.; and (3) 
identifying any potential conflicts of interest that may arise from an 
individual's service on a CFPB board or committee through financial 
disclosure

[[Page 25429]]

information, a declaration of desire and eligibility to serve, and 
lobbyist registration information. In revising this SORN, the CFPB also 
modifies the method by which records in the system may be retrieved; 
modifies the system owner address; removes travel records from the 
categories of records maintained in the system, as these records are 
accounted for in a government-wide system of records maintained by the 
General Services Administration; and adds record sources for the 
system. Additionally, the Bureau adds two new routine uses, which 
include the disclosure of personally identifiable information (PII) 
from the system to (1) the U.S. Department of Justice (DOJ) for its use 
in providing legal advice to the CFPB or in representing the CFPB in a 
legal proceeding; and (2) appropriate agencies, entities, and persons 
to the extent necessary to obtain information relevant to making a 
determination of whether an individual or entity is eligible to serve 
on a CFPB board or committee. Finally, this revision makes several non-
substantive changes to the categories of individuals whose records are 
maintained in the system and to the categories of records in the 
system.
    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, 
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000,\1\ and the Privacy Act, 5 U.S.C. 552a(r).
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    \1\ Although pursuant to Section 1017(a)(4)E, of the Consumer 
Financial Protection Act, Public Law 111-203, the CFPB is not 
required to comply with OMB-issued guidance, it voluntarily follows 
OMB privacy-related guidance as a best practice and to facilitate 
cooperation and collaboration with other agencies.
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    The revised system of records entitled ``CFPB.016--CFPB Advisory 
Boards and Committees'' is published in its entirety below.

    Dated: April 19, 2013.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.016

SYSTEM NAME:
    CFPB Advisory Boards and Committees

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 any individual who has 
nominated an individual to be on an advisory board or committee to the 
CFPB (CFPB board or committee), has served as a reference for a CFPB 
board or committee nominee, or has been nominated to be on a CFPB board 
or committee, is currently serving on a CFPB board or committee, and/or 
has served on a CFPB board or committee and is no longer serving. CFPB 
board and committee alternatives are also included in this system. 
Individuals covered by this system also include any individual, 
including the public, who, upon invitation from a CFPB board or 
committee, provides advice or comments or otherwise interacts with a 
CFPB board or committee.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information maintained on individuals who are past, present or 
nominated members of CFPB boards or committees will include: (1) 
Contact information (e.g., name, business phone number, email address); 
(2) information relevant to the CFPB's determination of an individual's 
eligibility for serving on a CFPB board or committee, including but not 
limited to (a) that individual's date of birth, place of birth, and any 
prior or pending civil or criminal actions against that individual for 
the purpose of conducting a background investigation; (b) education, 
registration in professional societies, work experience, record of 
performance, publications authored, membership on other boards and 
committees, professional awards, for purposes of assessing an 
individual's qualifications for service; (3) financial disclosure 
information, declaration of desire and eligibility to serve, and 
lobbyist registrations, for purposes of identifying any potential 
conflicts of interest that may arise from an individual's service on a 
CFPB board or committee; (4) names of professional references and notes 
and records of conversations with those references; and (5) 
miscellaneous correspondence relating to the above.
    Information maintained on experts, consultants, and other members 
of the public invited to provide advice or comments to a CFPB board or 
committee or otherwise interact with a CFPB board or committee will 
include: (1) contact information (e.g., name, business phone number, 
email address).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Pub. L. No. 111-203, Title X, sections 1011, 1012, 1014, codified 
at 12 U.S.C. Sec. Sec.  5491, 5492, 5494.

PURPOSE(S):
    The system collects and maintains information on CFPB board or 
committee nominees and members, and those that may interact with the 
CFPB regarding the board or committee. The records are used for 
administration of the committees or boards, including the evaluation of 
potential board or committee members for eligibility to serve on CFPB 
board or committee and the preparation of minutes and reports of CFPB 
board or committee meetings, events, or programs.

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's 
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

[[Page 25430]]

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 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 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) To the public in the form of names, affiliations, and other 
pertinent biographical information of board or committee members; and
    (8) Appropriate agencies, entities, and persons to the extent 
necessary to obtain information relevant to making a determination of 
whether an individual is eligible to serve on a CFPB board or 
committee.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper and electronic records.

RETRIEVABILITY:
    Records in this system are retrievable by a variety of fields 
including, without limitation, the individual's name, address, 
employer, 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 electronic and paper records indefinitely 
until the National Archives and Records Administration (NARA) approves 
the CFPB's records disposition schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Consumer Financial Protection Bureau, Consumer Advisory Board 
Manager, 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, Part 1070, ``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 directly from the individual 
who is the subject of these records, including any individual who has 
nominated an individual to be on a CFPB board or committee, has served 
as a reference for a CFPB board or committee nominee, or was has been 
nominated to be on a CFPB board or committee, is currently serving on a 
CFPB board or committee, and/or has served on a CFPB board or committee 
and is no longer serving, as well as board and committee alternatives 
and any individual who upon invitation from a CFPB board or committee, 
provides advice or comments on issues or has otherwise interacted with 
the a CFPB board or committee. Information is also collected, as 
necessary, from third parties who provide information used by the CPFB 
to determine an individual's eligibility for serving on a CFPB board or 
committee.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-10204 Filed 4-30-13; 8:45 am]
BILLING CODE 4810-AM-P