Privacy Act of 1974, as Amended, 25426-25428 [2013-10206]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25426-25428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10206]


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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, 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 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 in Lieu of Mail: 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

[[Page 25427]]

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 No. 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, and abusive 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.024--
Judicial and Administrative Filings Collection will collect and store 
publicly available information about, formal judicial and 
administrative filings, or other formal actions that have reached final 
judgment, involving financial frauds against consumers for use in 
identifying repeat offenders and prosecuting cases based on these types 
of frauds. Access to the records will be limited to state and federal 
agencies for law enforcement purposes.
    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,\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 system of records entitled, ``CFPB.024--Judicial and 
Administrative Filings Collection'' is published in its entirety below.

    Dated: April 24, 2013.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.024

SYSTEM NAME:
    Judicial and Administrative Filings Collection.

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, without limitation: (1) 
Individuals who are or have been the subjects of or are otherwise named 
in formal judicial and administrative actions, or other formal actions 
that have reached final judgment involving financial frauds against 
consumers; (2) current, former, and prospective consumers who are or 
have been customers or prospective customers of, solicited by, or 
serviced by individuals or businesses named in final actions involving 
consumer financial fraud if such individuals have provided information 
relative to, have been witnesses in or are otherwise associated with 
the formal actions included in this system; (3) other individuals who 
may have information relevant to, or have been named in formal actions 
included in this system; and (4) individuals who are users of this 
collection of records.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system contain information pertaining to the 
subject matter of formal judicial and administrative actions, or other 
formal actions that have reached final judgment involving financial 
frauds against consumers. Such records may include electronic copies of 
publicly available documents associated with formal actions including, 
but not limited to: reports, transcripts, correspondence, briefs, court 
orders and judgments, affidavits and other statements from witnesses, 
pleadings, exhibits, evidentiary materials, sentencing memoranda, and 
other related documents and records.
    Identifiable information may include, among other things names and 
known aliases, business and home addresses, email addresses, phone 
numbers, employment information including titles, and personal history 
as it relates to the subject matter of the case. The Bureau does not 
verify any facts or findings contained in these documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Pub. L. 111-203, Title X, Sections 1011, 1012, 1013, 1015, and 
1021, codified at 12 U.S.C. 5491, 5492, 5493, 5495, and 5511.

PURPOSE(S):
    This system will collect and store the information to assist the 
Bureau and other agencies to identify and track persons and entities 
that are repeat violators of the consumer financial laws and to use 
such information to prosecute such persons and entities.

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;

[[Page 25428]]

    (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, 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; 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:
    Records maintained in this system are stored electronically and in 
hard copy file folders.

RETRIEVABILITY:
    Records are retrievable by a variety of fields including, without 
limitation, name of the individual(s) involved in a case, including 
attorney, defendant, plaintiff, case number, company name, contact 
information such as address and phone number, alleged activity or 
violation of law, 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 (NARA) approves 
the CFPB's records disposition schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Consumer Financial Protection Bureau, 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 from local, state, tribal, 
and federal law enforcement agencies, publicly available records such 
as media reports, state and federal law enforcement agency Web sites, 
and court and administrative agency dockets, and any other person with 
information relating to financial frauds perpetrated against consumers.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-10206 Filed 4-30-13; 8:45 am]
BILLING CODE 4810-AM-P