Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Privacy of Consumer Financial Information, 23080-23081 [2016-09043]

Agencies

• Office of the Comptroller of the Currency
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Notices]
[Pages 23080-23081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09043]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Privacy of Consumer Financial 
Information

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on a continuing 
information collection, as required by the Paperwork Reduction Act of 
1995 (44 U.S.C. chapter 35) (PRA).
    In accordance with the requirements of the PRA, the OCC may not 
conduct or sponsor, and the respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number. The OCC is soliciting 
comment concerning the renewal of its information collection titled, 
``Privacy of Consumer Financial Information.'' The OCC also is giving 
notice that it has sent the collection to OMB for review.

DATES: Comments must be received by May 19, 2016.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0216, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to prainfo@occ.treas.gov. You may 
personally inspect and photocopy comments at the OCC, 400 7th Street 
SW., Washington, DC 20219.

[[Page 23081]]

For security reasons, the OCC requires that visitors make an 
appointment to inspect comments. You may do so by calling (202) 649-
6700 or, for persons who are deaf or hard of hearing, TTY, (202) 649-
5597. Upon arrival, visitors will be required to present valid 
government-issued photo identification and submit to security screening 
in order to inspect and photocopy comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not include any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0216, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: oira 
submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, 
(202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, 
(202) 649-5597, Legislative and Regulatory Activities Division, Office 
of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 
20219.

SUPPLEMENTARY INFORMATION: 
    The OCC is proposing to extend OMB approval of the following 
information collection:
    Title: Privacy of Consumer Financial Information.
    OMB Control No.: 1557-0216.
    Description:
    The Gramm-Leach-Bliley Act (Act) (Pub. L. 106-102) requires this 
information collection. Regulation P (12 CFR part 1016), a regulation 
promulgated by the Consumer Financial Protection Board (CFPB), 
implements the Act's notice requirements and restrictions on a 
financial institution's ability to disclose nonpublic personal 
information about consumers to nonaffiliated third parties.
    The information collection requirements in 12 CFR part 1016 are as 
follows:
    Sec.  1016.4(a)--Disclosure (institution)--Initial privacy notice 
to consumers requirement--A national bank or Federal savings 
association must provide a clear and conspicuous notice to customers 
and consumers that accurately reflects its privacy policies and 
practices.
    Sec.  1016.5(a)(1)--Disclosure (institution)--Annual privacy notice 
to customers requirement--A national bank or Federal savings 
association must provide a clear and conspicuous notice to customers 
that accurately reflects its privacy policies and practices not less 
than annually during the continuation of the customer relationship.
    Sec.  1016.8--Disclosure (institution)--Revised privacy notices--
Before a national bank or Federal savings association discloses any 
nonpublic personal information in a way that is inconsistent with the 
notices previously given to a consumer, the institution must provide 
the consumer with a clear and conspicuous revised notice of the 
institution's policies and procedures, provide the consumer with a new 
opt out notice, give the consumer a reasonable opportunity to opt out 
of the disclosure, and the consumer must not opt out.
    Sec.  1016.7(a)--Disclosure (institution)--Form of opt out notice 
to consumers; opt out methods--Form of opt out notice--If a national 
bank or Federal savings association is required to provide an opt out 
notice under Sec.  1016.10(a), it must provide to each of its consumers 
a clear and conspicuous notice that accurately explains the right to 
opt out under that section. The notice must state:
     That the national bank or Federal savings association 
discloses or reserves the right to disclose nonpublic personal 
information about its consumer to a nonaffiliated third party;
     That the consumer has the right to opt out of that 
disclosure; and
     A reasonable means by which the consumer may exercise the 
opt out right.
    A national bank or Federal savings association provides a 
reasonable means to exercise an opt out right if it:
     Designates check-off boxes on the relevant forms with the 
opt out notice;
     Includes a reply form with the opt out notice;
     Provides electronic means to opt out; or
     Provides a toll-free number to opt out.
    Sec. Sec.  1016.10(a)(2) and 1016(c)--Consumers must take 
affirmative actions to exercise their rights to prevent financial 
institutions from sharing their information with nonaffiliated 
parties--
     Opt out--Consumers may direct that the national bank or 
Federal savings association not disclose nonpublic personal information 
about them to a nonaffiliated third party, other than permitted by 
Sec. Sec.  1016.13-1016.15.
     Partial opt out--Consumer also may exercise partial opt 
out rights by selecting certain nonpublic personal information or 
certain nonaffiliated third parties with respect to which the consumer 
wishes to opt out.
    Sec. Sec.  1016.7(h) and 1016(i)--Reporting (consumer)--Duration of 
right to opt out--Continuing right to opt out--A consumer may exercise 
the right to opt out at any time. A consumer's direction to opt out is 
effective until the consumer revokes it in writing or, if the consumer 
agrees, electronically. When a customer relationship terminates, the 
customer's opt out direction continues to apply to the nonpublic 
personal information collected during or related to that relationship.
    Type of Review: Regular.
    Affected Public: Businesses or other for-profit; individuals.
    Estimated Number of Respondents: 2,706,750.
    Estimated Total Burden Hours: 693,284 hours.\1\
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    \1\ On December 4, 2015, the FAST Act (Pub. L. 114-94, Section 
75001) was enacted, which amended the Gramm-Leach-Bliley Act (15 
U.S.C. 6803) to exempt financial institutions from issuing a 
mandatory annual privacy notice if there has been no change in the 
disclosures required to be included in the institution's privacy 
policy from those that were provided in the most recent prior 
privacy policy notice and the institutions is not sharing nonpublic 
personal information with nonaffiliated third parties except 
pursuant to the exceptions in the existing law. It is unclear how 
many institutions will avail themselves of this exemption and, 
therefore, we have used a conservative burden estimate that does not 
take into consideration the recent enactment of the FAST Act. We 
will continue to monitor these notices and adjust our burden 
estimate, as necessary.
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    The OCC published a notice for 60 days of comment regarding this 
collection on February 8, 2016, 81 FR 6595. No comments were received. 
Comments continue to be invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the burden of the 
collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: April 13, 2016.
Mary Hoyle Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2016-09043 Filed 4-18-16; 8:45 am]
 BILLING CODE 4810-33-P