Privacy Act of 1974, as Amended, 67340-67342 [2013-27011]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67340-67342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27011]


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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 December 12, 2013. The 
new system of records will be effective December 23, 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.009--Employee Administrative Records 
System.'' In revising this SORN, the CFPB modifies: The authorities 
under which the system is maintained; the purpose(s) for which the 
system is maintained; the categories of individuals for the system; the 
categories of records for the system; the record source categories for 
the system; the method by which records are retrieved in the system; 
and the retention and disposal of records in the system. Additionally, 
as part of a biennial review of this System of Record, the CFPB 
modifies: The notification procedures for individuals seeking access to 
records maintained in this system; the system location and address; (by 
consolidation) 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 makes several other non-substantive changes to 
the routine use section to ensure compliance with the Privacy Act, 5 
U.S.C. 552a.
    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). The 
revised system of records entitled ``CFPB.009--Employee Administrative 
Records System'' is published in its entirety below.
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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.

    Dated: October 18, 2013.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.009

SYSTEM NAME:
    Employee Administrative Records System

SYSTEM LOCATION:
    Consumer Financial Protection Bureau, 1700 G Street NW., 
Washington, DC 20552.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former CFPB employees, interns, fellows, volunteers, 
and persons who work at the CFPB (collectively ``employees''), and 
their named dependents and/or beneficiaries, their named emergency 
contacts, and individuals who have been extended offers of employment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system may contain identifiable information about 
individuals including, without limitation: (1) Identification and 
contact information, including name, address, email address, phone 
number and other contact information; (2) employee emergency contact 
information, including name, phone number, relationship to employee or 
emergency contact; (2) Social Security number (SSN), employee ID 
number, organization code, pay rate, salary, grade, length of service, 
and other related pay and leave records including payroll data; (3) 
biographic and demographic data, including date of birth and marital or 
domestic partnership status; (4) employment related information such as 
performance reports, training, professional licenses, certification, 
and memberships information, fitness center membership information, 
union dues, employee claims for loss or damage to personal property, 
and other information related to employment by the CFPB; (5) benefits 
data, such as health, life, travel, and disability insurance 
information; and (6) retirement benefits information and flexible 
spending account information.
    General personnel and administrative records contained in this 
system are covered under the government-wide systems of records notice 
published by

[[Page 67341]]

the Office of Personnel Management (OPM/GOVT-1). This system 
complements OPM/GOVT-1 and this notice incorporates by reference but 
does not repeat all of the information contained in OPM/GOVT-1.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 5492-93, 5511; 31 U.S.C. 3721.

PURPOSE(S):
    The information in the system is being collected to enable the CFPB 
to manage and administer human capital functions, including payroll, 
time and attendance, leave, insurance, tax, retirement and other 
benefits, and employee claims for loss or damage to personal property; 
and to prepare related reports to other Federal agencies.

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) 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 grand jury pursuant either to a federal or state grand jury 
subpoena, or to a prosecution request that such record be released for 
the purpose of its introduction to a grand jury, where the subpoena or 
request has been specifically approved by a court. In those cases where 
the Federal Government is not a party to the proceeding, records may be 
disclosed if a subpoena has been signed by a judge;
    (8) 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;
    (9) Appropriate agencies, entities, and persons to the extent 
necessary to obtain information relevant to current and former CFPB 
employees' benefits, compensation, and employment;
    (10) 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;
    (11) National, state or local income security and retirement 
agencies or entities involved in administration of employee retirement 
and benefits programs (e.g., state unemployment compensation agencies 
and state pension plans) and any of such agencies' contractors or plan 
administrators, when necessary to determine employee eligibility to 
participate in retirement or employee benefits programs, process 
employee participation in those programs, process claims with respect 
to individual employee participation in those programs, audit benefits 
paid under those programs, or perform any other administrative function 
in connection with those programs;
    (12) An executor of the estate of a current or former employee, a 
government entity probating the will of a current or former employee, a 
designated beneficiary of a current or former employee, or any person 
who is responsible for the care of a current or former employee, where 
the employee has died, has been declared mentally incompetent, or is 
under other legal disability, to the extent necessary to assist in 
obtaining any employment benefit or working condition for the current 
or former employee;
    (13) The Internal Revenue Service (IRS) and other governmental 
entities that are authorized to tax employees' compensation with wage 
and tax information in accordance with a withholding agreement with the 
CFPB pursuant to 5 U.S.C. 5516, 5517, and 5520, for the purpose of 
furnishing employees with IRS Forms W-2 that report such tax 
distributions;
    (14) Unions recognized as exclusive bargaining representatives 
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111, 7114; and
    (15) Carriers, providers and other federal agencies involved in 
administration of employee retirement and benefits programs and such 
agencies' contractors or plan administrators, when necessary to 
determine employee eligibility to participate in retirement and 
benefits programs, process employee participation in those programs, 
process claims with respect to individual employee participation in 
those programs, audit benefits paid under those programs, or perform 
any other administrative function in connection with those programs and 
federal agencies that perform payroll and personnel processing and 
employee retirement and benefits plan services under interagency 
agreements or contracts, including the issuance of paychecks to 
employees, the distribution of wages, the administration of deductions 
from paychecks for retirement and benefits

[[Page 67342]]

programs, and the distribution and receipt of those deductions. These 
agencies include, without limitation, the Department of Labor, the 
Department of Veterans Affairs, the Social Security Administration, the 
Federal Retirement Thrift Investment Board, the Department of Defense, 
OPM, the Board of Governors of the Federal Reserve System, the 
Department of the Treasury, and the National Finance Center at the U.S. 
Department of Agriculture.

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, without 
limitation, the individual's name, SSN, 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 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 under the 
National Archives and Records Administration (NARA) schedules General 
Records Schedule (GRS) GRS 01, GRS 02, and GRS 18-15b.

SYSTEM MANAGER(S) AND ADDRESS:
    Consumer Financial Protection Bureau, Chief Operating 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 the CFPB's 
Disclosure of Records and Information Rules, promulgated at 12 CFR part 
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 is obtained from current and former CFPB 
employees, their named dependents and/or beneficiaries, their named 
emergency contacts, individuals who have been extended offers of 
employment by the CFPB, and from individuals and entities associated 
with Federal employee benefits, retirement, human resource, accounting, 
and payroll systems administration.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
[FR Doc. 2013-27011 Filed 11-8-13; 8:45 am]
BILLING CODE 4810-AM-P