Privacy Act of 1974, as Amended, 6190-6192 [2014-02117]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6190-6192]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02117]


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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 a revised Privacy Act System of Records (``SORN''). In 
revising this SORN, the CFPB modifies the system location, system 
manager(s) and address; modifies the authorities section to clarify 
that the authority for operating the system stems in part from 
enforcement powers of the CFPB; modifies the Records Sources Categories 
to clarify the record sources; and 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.

DATES: Comments must be received no later than March 5, 2014. The new 
system of records will be effective March 17, 2014, 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 Dodd-Frank Wall Street Reform and 
Consumer Protection Act (the ``Act''), Public Law 111-203, Title X, 
established the CFPB to administer and enforce federal consumer 
financial law. The system of records described in this notice, 
CFPB.004--CFPB Enforcement Database, enables the CFPB to carry out its 
responsibilities with respect to the enforcement of federal consumer 
financial law.
    The report of the 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 the CFPB, under 12 U.S.C. 5497(a)(4)(E), is not 
legally required to follow 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.004--CFPB Enforcement 
Database'' is published in its entirety below.

    Dated: January 27, 2014.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.004

SYSTEM NAME:
    CFPB Enforcement Database

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

[[Page 6191]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include:
    (1) Individuals who are current or former directors, officers, 
employees, shareholders, agents, and independent contractors of covered 
persons or service providers, who are or have been the subjects of or 
otherwise associated with an investigation or enforcement action by the 
CFPB, or have been named in connection with suspicious activity reports 
or administrative enforcement orders or agreement. Covered persons and 
service providers include banks, savings associations, credit unions, 
thrifts, non-depository institutions, or other persons, offering, 
providing, or assisting with the provision of consumer financial 
products or services.
    (2) Current, former, and prospective consumers who are or have been 
customers or prospective customers of, solicited by, or serviced by 
covered persons or service providers if such individuals have provided 
information, including complaints about covered persons or service 
providers, or are or have been witnesses in or otherwise associated 
with an enforcement action by the CFPB.
    (3) Applicants, current and former directors, officers, employees, 
shareholders, agents, and independent contractors of persons and 
entities that have business relationships with covered persons or 
service providers who are or have been the subject of an enforcement 
action by the CFPB.
    (4) Current, former, and prospective customers of persons and 
entities that have business relationships with covered persons or 
service providers that are or have been the subject of an enforcement 
action by the CFPB, and the customers are complainants against covered 
persons or service providers, or witnesses in or otherwise associated 
with an enforcement action.
    (5) Other individuals who have inquired about or may have 
information relevant to an investigation or proceeding concerning a 
possible violation of federal consumer financial law. Information 
collected regarding consumer financial 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 
aggregate, non-identifiable information is not subject to the Privacy 
Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information contained in this system includes:
    Identifiable information about individuals such as name, address, 
email address, phone number, Social Security number, employment status, 
age, date of birth, financial information, credit information, and 
personal history. Records in this system are collected and generated 
during the investigation of potential violations and enforcement of 
laws and regulations under the jurisdiction of the CFPB and may 
include: (1) Records provided to the CFPB about potential or pending 
investigations, administrative proceedings, and civil litigation; (2) 
evidentiary materials gathered or prepared by the CFPB or obtained for 
use in investigations, proceedings, or litigation, and work product 
derived from or related thereto; (3) staff working papers, memoranda, 
analyses, databases, and other records and work product relating to 
possible or actual investigations, proceedings, or litigation; (4) 
databases, correspondence, and reports tracking the initiation, status, 
and closing of investigations, proceedings, and litigation; (5) 
correspondence and materials used by the CFPB to refer criminal and 
other matters to the appropriate agency or authority, and records 
reflecting the status of any outstanding referrals; (6) correspondence 
and materials shared between the CFPB and other federal and state 
agencies; (7) consumer complaints made or referred to the CFPB.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Pub. L. 111-203, Title X, Sections 1011 and 1012, and Subtitle E, 
Section 1051 et seq., codified at 12 U.S.C. 5491, 5492, and 5561 et 
seq.

PURPOSE(S):
    The information in the system is being collected to enable the CFPB 
to carry out its responsibilities with respect to enforcement of Title 
X of the Dodd-Frank Wall Street Reform and Consumer Protection Act and 
other federal consumer financial law, including: (1) The investigation 
of potential violations of federal consumer financial law; (2) the 
pursuit of administrative or civil enforcement actions; and (3) the 
referral of matters, as appropriate, to the Department of Justice or 
other federal or state 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 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) 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 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 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

[[Page 6192]]

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, 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;
    (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; and
    (11) An entity or person that is the subject of supervision or 
enforcement activities including examinations, investigations, 
administrative proceedings, and litigation, and the attorney or non-
attorney representative for that entity or person.

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, address, account number, Social 
Security 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 manage all computer and paper files in the system as 
permanent records until the disposition schedule for these records is 
approved by the National Archives and Records Administration, at which 
time, the CFPB will dispose of such files in accordance with the 
schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Consumer Financial Protection Bureau, Assistant Director of 
Enforcement, 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 is obtained from covered persons or 
service providers, including banks, savings associations, credit 
unions, thrifts, or non-depository institutions or other persons 
offering, providing, or assisting with the provision of consumer 
financial products or services; individuals who are current or former 
directors, officers, employees, shareholders, agents, and independent 
contractors of covered persons or service providers; current, former, 
and prospective consumers who are or have been customers or prospective 
customers of, solicited by, or serviced by covered persons or service 
providers; applicants, current and former directors, officers, 
employees, shareholders, agents, and independent contractors of persons 
and entities that have business relationships with covered persons or 
service providers; current, former, and prospective customers of 
persons and entities that have business relationships with covered 
persons or service providers; state and Federal agencies and others 
with information relevant to the enforcement of federal consumer 
financial laws.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Portions of the records in this system are compiled for law 
enforcement purposes and are exempt from disclosure under CFPB's 
Privacy Act regulations and 5 U.S.C. 552a(k)(2). Federal criminal law 
enforcement investigatory reports maintained as part of this system may 
be the subject of exemptions imposed by the originating agency pursuant 
to 5 U.S.C. 552a(j)(2).

[FR Doc. 2014-02117 Filed 1-31-14; 8:45 am]
BILLING CODE 4810-AM-P