Privacy Act of 1974, as Amended, 47306-47307 [2013-18848]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47306-47307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18848]


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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 September 4, 2013. The 
new system of records will be effective September 16, 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.001--CFPB Freedom of Information Act 
(FOIA)/Privacy Act (PA) System.'' In revising this SORN, the CFPB 
modifies the notification procedures for individuals seeking access to 
records maintained in this system; modifies the system location, system 
manager(s) and address; consolidates two routine uses (previously 
routine uses 6 and 7) which include the disclosure of personally 
identifiable information (PII) from the system to 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 adds a new routine 
use for the disclosure of PII to law enforcement agencies as 
appropriate.
    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.001--CFPB Freedom of 
Information Act/Privacy Act System'' is published in its entirety 
below.

    Dated: July 30, 2013.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.001

SYSTEM NAME:
    CFPB Freedom of Information Act/Privacy Act 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 persons who cite the Freedom 
of Information Act or Privacy Act to request access to records or whose 
information requests are treated as FOIA requests. Other individuals 
covered include CFPB staff assigned to process such requests, and 
employees who may have responsive records or are mentioned in such 
records. FOIA requests are subject to the PA only to the extent that 
they concern individuals; information pertaining to corporations and 
other business entities and organizations are not subject to the PA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system may contain: (1) Correspondence with the 
requester including initial requests and appeals; (2) documents 
generated or compiled during the search and processing of the request; 
(3) fee schedules, cost calculations, and accessed cost for disclosed 
FOIA records; (4) documents and memoranda supporting the decision made 
in response to the request, referrals, and copies of records provided 
or withheld; (5) CFPB staff assigned to process, consider, and respond 
to requests and, where a request has been referred to another agency 
with equities in a responsive document, information about the 
individual handling the request on behalf of that agency; (6) 
information identifying the entity that is subject to the requests or 
appeals; (7) requester information, including name, address, phone 
number, email address; FOIA tracking number, phone number, fax number, 
or some combination thereof; and (8) for access requests under the 
Privacy Act, identifying information regarding both the party who is 
making the written request or appeal, and the individual on whose 
behalf such written requests or appeals are made, including name, 
Social Security number (SSNs may be submitted with documentation or as 
proof of identification), address, phone number, email address, FOIA 
number, phone number, fax number, or some combination thereof.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, Title X, Sections 1011, 1012, 1021, codified at 
12 U.S.C. Sec. Sec. Sec.  5491, 5492, 5511; The Freedom of Information 
Act of 1996, as amended 5 U.S.C. 552; Privacy Act of 1974, as amended 5 
U.S.C. 552a.

[[Page 47307]]

PURPOSE(S):
    The information in the system is being collected to enable the CFPB 
to carry out its responsibilities under the FOIA and the PA, including 
enabling staff to receive, track, and respond to requests. This 
requires maintaining documentation gathered during the consideration 
and disposition process, administering annual reporting requirements, 
managing FOIA-related fees and calculations, and delivering responsive 
records.

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 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 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) 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 DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Paper and electronic records.

RETRIEVABILITY:
    Records are retrievable by a variety of fields including, but not 
limited to, the requester's name, the subject matter of request, 
requestor's organization, FOIA tracking number, and staff member 
assigned to process the request. Records may also be searched by the 
address, phone number, fax number, email address of the requesting 
party, and subject matter of the request, 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:
    Computer and paper records will be maintained in accordance with 
published National Archives and Records Administration Disposition 
Schedule, Transmittal No. 22, General Records Schedule 14, Information 
Service Records.

SYSTEM MANAGER(S) AND ADDRESS:
    Consumer Financial Protection Bureau, Chief FOIA Officer, 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 the 
CFPB's Disclosure of Records and Information Rules, promulgated at 12 
CFR 1070 et seq. 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 covers individuals about whom records 
are maintained; agency staff assigned to help process, consider, and 
respond to the request, including any appeals; entities filing requests 
or appeals on behalf of the requestor; other governmental authorities; 
and entities that are the subjects of the request or appeals.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-18848 Filed 8-2-13; 8:45 am]
BILLING CODE 4810-AM-P