Privacy Act of 1974; System of Records, 3662-3664 [2020-00130]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3662-3664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00130]


-----------------------------------------------------------------------

BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0006]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a modified Privacy Act System of Records.

-----------------------------------------------------------------------

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 (Bureau), gives notice of the 
modification of a Privacy Act System of Records. The information in the 
system will enable the Bureau to identify and conduct effective 
financial education programs and to collect, research, and publish 
certain information relevant to understanding and improving consumer 
financial decision-making and well-being. The Bureau is modifying the 
system of records in order to update descriptions of the system 
location; the system manager; and the policies and practices for 
retention and disposal of records.

DATES: Comments must be received no later than February 21, 2020. The 
modified system of records will be effective January 22, 2020, unless 
the comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and the 
docket number (see above), by any of the following methods:
     Electronic: https://www.regulations.gov: Follow the 
instructions for soliciting comments.
     Email: [email protected].
     Mail/Hand Delivery/Courier: Tannaz Haddadi, Acting Chief 
Privacy Officer, Bureau of Consumer Financial Protection, 1700 G Street 
NW, Washington, DC 20552.
    All submissions must include the agency name and docket number for 
this notice. In general, all comments received will be posted without 
change to https://www.regulations.gov. In addition, 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) 435-7058. 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: Tannaz Haddadi, Acting Chief Privacy 
Officer, at (202) 435-7058. If you require this document in an 
alternative electronic format, please contact 
[email protected]. Please do not submit comments to these 
email boxes.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Protection Act, Public Law 111-203, title X, established the 
Bureau. The Bureau will maintain the records covered by this notice. 
The modified system of records described in this notice, ``CFPB.021--
Consumer Education and Engagement Records,'' will collect information 
to enable the Bureau 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. This modified system of records updates 
the description of the system location, the address of the system 
manager, the address whereby members of the public can notify the 
Bureau to request access to or amend records about themselves, and 
record access, contesting record and notification procedures. The 
updated sections reflect the Bureau's new address: Bureau of Consumer 
Financial Protection, 1700 G Street NW, Washington, DC 20552, and the 
updated records schedule. Records in this system will be destroyed in 
accordance with the related item number within the Consumer Education 
and Engagement Records schedule. In addition, the Bureau is making non-
substantive revisions to the system of records notice to align with the 
Office of Management

[[Page 3663]]

and Budget's recommended model in Circular A-108, appendix II.
    The report of a modified system of records has been submitted to 
the Committee on Oversight and 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 OMB 
Circular A-108, ``Federal Agency Responsibilities for Review, 
Reporting, and Publication under the Privacy Act'' (December 23, 
2016),\1\ and the Privacy Act, 5 U.S.C. 552a(r).
---------------------------------------------------------------------------

    \1\ Although pursuant to section 1017(a)(4)(E) of the Consumer 
Financial Protection Act, Public Law 111-203, the Bureau 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.
---------------------------------------------------------------------------

    The system of records entitled ``CFPB.021--Consumer Education and 
Engagement Records'' is published in its entirety below.

SYSTEM NAME AND NUMBER:
    CFPB.021--Consumer Education and Engagement Records.

SECURITY CLASSIFICATION:
    This information system does not contain any classified information 
or data.

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

SYSTEM MANAGER(S):
    Associate Director, Consumer Education and Engagement, Bureau of 
Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552; 
(202) 257-9388.

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) OF THE SYSTEM:
    The Act established functions within the Bureau (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 Bureau 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 Bureau projects, for each 
project the Bureau will collect only the information needed to 
accomplish the specific purpose of that project. The information will 
also be used for administrative purposes to ensure quality control, 
performance, and improving management processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system are those who: Participate in 
Bureau-sponsored or Bureau-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 Bureau or 
by a third party, or by a third party on behalf of the Bureau.

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 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 Bureau managed websites 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.

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.

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 Bureau 
Disclosure of Records and Information Rules, promulgated at 12 CFR 
1070, to:
    (1) Appropriate agencies, entities, and persons when (a) the Bureau 
suspects or has confirmed that there has been a breach of the system of 
records; (b) the Bureau has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Bureau (including its information systems, programs, and 
operations), the Federal Government, or national security; and (c) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with the Bureau's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm;
    (2) Another Federal agency or Federal entity, when the Bureau 
determines that information from this system of records

[[Page 3664]]

is reasonably necessary to assist the recipient agency or entity in (a) 
responding to a suspected or confirmed breach or (b) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach.
    (3) 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;
    (4) 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;
    (5) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (6) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job, or other 
activity on behalf of the Bureau or Federal Government and who have a 
need to access the information in the performance of their duties or 
activities;
    (7) The U.S. Department of Justice (DOJ) for its use in providing 
legal advice to the Bureau or in representing the Bureau 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 
Bureau to be relevant and necessary to the advice or proceeding, and 
such proceeding names as a party in interest:
    (a) The Bureau;
    (b) Any employee of the Bureau in his or her official capacity;
    (c) Any employee of the Bureau in his or her individual capacity 
where DOJ has agreed to represent the employee; or
    (d) The United States, where the Bureau determines that litigation 
is likely to affect the Bureau or any of its components;
    (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) 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;
    (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) Appropriate Federal, State, local, foreign, tribal or self-
regulatory organizations or agencies or private entities that partner 
with the Bureau for research purposes.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    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.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per DAA-0587-2014-0006, the records in this system will be 
destroyed in accordance with the related item number within the 
Consumer Education and Engagement Records schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.

RECORD ACCESS PROCEDURES:
    An individual seeking access to any record pertaining to him or her 
contained in this system of records may inquire in writing in 
accordance with instructions in 12 CFR 1070.50 et seq. Address such 
requests to: Chief Privacy Officer, Bureau of Consumer Financial 
Protection, 1700 G Street NW, Washington, DC 20552. Instructions are 
also provided on the Bureau website: https://www.consumerfinance.gov/foia-requests/submit-request/.

CONTESTING RECORD PROCEDURES:
    An individual seeking to contest the content of any record 
pertaining to him or her contained in this system of records may 
inquire in writing in accordance with instructions appearing in the 
Bureau's Disclosure of Records and Information Rules, promulgated at 12 
CFR 1070.50 et seq. Address such requests to: Chief Privacy Officer, 
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington, 
DC 20552.

NOTIFICATION PROCEDURES:
    An individual seeking notification whether any record contained in 
this system of records pertains to him or her may inquire in writing in 
accordance with instructions appearing in the Bureau's Disclosure of 
Records and Information Rules, promulgated at 12 CFR 1070.50 et seq. 
Address such requests to: Chief Privacy Officer, Bureau of Consumer 
Financial Protection, 1700 G Street NW, Washington, DC 20552.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    77 FR 60382 (October 3, 2012); 79 FR 78839 (December 21, 2014); 83 
FR 23435 (June 21, 2018).

    Dated: November 27, 2019.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial 
Protection.
[FR Doc. 2020-00130 Filed 1-21-20; 8:45 am]
 BILLING CODE 4810-AM-P