Privacy Act of 1974, as Amended, 78839-78841 [2014-30655]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78839-78841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30655]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No CFPB-2014-0039]


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 the ``Bureau''), 
gives notice of the establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than January 30, 2015. The 
new system of records will be effective February 9, 2015, unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above), by any of the following methods:
     Electronic: privacy@cfpb.gov or https://www.regulations.gov. Follow the instructions for submitting comments.
     Mail: Claire Stapleton, Chief Privacy Officer, Consumer 
Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552.
     Hand Delivery/Courier: Claire Stapleton, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1275 First Street NE., 
Washington, DC 20002. Comments will be available for public inspection 
and copying at 1275 First Street NE., Washington, DC 20002 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, 1275 First Street NE., 
Washington, DC 20002, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The CFPB revises its Privacy Act System of 
Records Notice (``SORN'') ``CFPB.021--CFPB Consumer Education and 
Engagement Records.'' In revising this SORN, the CFPB modifies the 
purpose(s) for which the records are maintained to clarify that 
information in the system will be used for research purposes in 
understanding and improving consumer awareness, understanding, and use 
of disclosures and communications regarding consumer financial products 
or services; and modifies the categories of records maintained by the 
system to include the following information: (1) Social Security 
numbers, voluntarily provided with informed consent, when needed to 
pull credit reports or otherwise connect data points across data 
sources to understand consumer financial decision-making and well-being 
and the effectiveness of financial education or financial capability 
programs, resources, tools, or interventions; (2) biographical 
information (e.g. race, ethnicity, date of birth, marital status, 
education level, household composition information, citizenship status, 
disability information, or veteran status) voluntarily provided with 
informed consent in order to understand the effectiveness of financial 
education or financial capability programs, resources, tools, or 
interventions, as it relates to certain populations; (3) credit report 
data; and (4) web analytics information that may be partially 
identifiable, including records of access to CFPB managed Web sites or 
resources including date(s) and time(s) of access, IP address of 
access, logs of internet activity related to use of the site or 
resource, the address that linked the user directly to the site or 
resource, in order to understand and enhance the effectiveness or 
usability of the site or resource. Finally, the Bureau makes several 
non-substantive changes as part of its annual review of this notice.
    The report of the 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 revised system of records entitled ``CFPB.021--CFPB Consumer 
Education and Engagement Records'' is published in its entirety below.

    Dated: December 23, 2014.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.021

SYSTEM NAME:
    CFPB Consumer Education and Engagement Records

SYSTEM LOCATION:
    Consumer Financial Protection Bureau, 1275 First Street NE., 
Washington, DC 20002.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system are those who: Participate in 
CFPB-sponsored or CFPB-funded financial education or financial 
capability programs, including financial education campaigns; utilize 
financial education web-tools or other financial education resources; 
or participate in surveys or other research conducted by the CFPB or by 
a third party, or by a third party on behalf of the CFPB.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system regarding the individuals described above may 
include: (1) Contact information (name, phone numbers, email address); 
(2) unique identifiers provided to government employees; (3) 
information related to the participant's financial status including 
bank account information, records of consumer financial transactions, 
and credit report data; (4) information on consumer characteristics 
collected in connection with financial education programs or the 
consumer's business relationship with a third party; (5) bank account 
information (for payment to survey participants); (6) other information 
collected from or about consumers in response to surveys or other 
research methods; (7) information relating to the effectiveness of 
financial education programs or resources or access to financial 
products or services; (8) Social Security number(s), when needed to 
pull credit reports or otherwise connect data points across data 
sources to understand consumer financial decision-making and well-being 
and the effectiveness of financial education or financial capability 
programs, resources, tools, or interventions; (9) biographic 
information (e.g. race, ethnicity, date of birth, marital status, 
education level, household composition information, citizenship status, 
disability

[[Page 78840]]

information, veteran status) in order to understand the effectiveness 
of financial education or financial capability programs, resources, 
tools, or interventions, as it relates to specific populations; and 
(10) web analytics information that may be partially identifiable, 
including records of access to CFPB managed Web sites or resources 
including date(s) and time(s) of access, IP address of access, logs of 
internet activity related to use of the site or resource, the address 
that linked the user directly to the site or resource, in order to 
understand and enhance the effectiveness or usability of the site or 
resource.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, Title X, Sections 1013 and 1022, codified at 12 
U.S.C. 5493 and 5512.

PURPOSE(S):
    The Act established functions within the CFPB (1) to develop and 
implement initiatives to educate and empower consumers to make better 
informed financial decisions; (2) to develop and implement a strategy 
to improve the financial literacy of consumers, including access to 
financial information, products and services; (3) to do research 
regarding, among other things, (a) consumer awareness, understanding, 
and use of disclosures and communications regarding consumer financial 
products or services, (b) consumer awareness and understanding of and 
decision-making relevant to costs, risks, and benefits of consumer 
financial products or services, (c) consumer behavior with respect to 
consumer financial products and services, (d) experiences of 
traditionally underserved consumers, including un-banked and under-
banked consumers, and (e) best practices and effective methods, tools, 
technology and strategies to educate and counsel seniors about personal 
finance management. Consistent with these functions, the purpose of the 
system is to enable the CFPB to identify and conduct effective 
financial education programs and also to collect, research, and publish 
certain information relevant to understanding and improving consumer 
financial decision-making and well-being. Although this SORN describes 
the information to be collected across many CFPB projects, for each 
project the CFPB will collect only the information needed to accomplish 
the specific purpose of that project.

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 the information in the performance of their duties or 
activities;
    (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 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) 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;
    (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; and
    (10) Appropriate federal, state, local, foreign, tribal or self-
regulatory organizations or agencies or private entities that partner 
with the CFPB for research purposes.

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 unique identifiers assigned to the 
records for purposes of longitudinal updating or for connecting data 
points across data sources, or by a variety of fields including, 
without limitation, the individual's name and contact information, 
identifying file number, or other information collected in response to 
surveys or other research.

SAFEGUARDS:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferrable access codes and passwords. 
Other

[[Page 78841]]

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, Associate Director, Consumer 
Education and Engagement, 1275 First Street NE., Washington, DC 20002.

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, ``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, and/or from third parties, 
including depository or non-depository institutions, credit reporting 
agencies, counseling agencies or other businesses or organizations or 
governmental entities involved in the markets for consumer financial 
products or services or that provide financial education services.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2014-30655 Filed 12-30-14; 8:45 am]
BILLING CODE 4810-AM-P