Privacy Act of 1974; System of Records, 3657-3659 [2020-00131]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3657-3659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00131]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0005]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a Modified 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 (Bureau), gives notice of the 
modification of a Privacy Act System of Records. The purpose of the 
system is to collect and maintain information relating to potential 
small entity representatives who may or will: (1) Consult with the 
Bureau and other Small Business Review Panel members and provide advice 
and recommendations about the potential economic impacts of regulatory 
proposals under consideration on small entities subject to the 
proposals; and/or (2) consult with the Bureau about any projected 
impact on the cost of credit to small entities related to the proposals 
under consideration and significant alternatives to minimize any such 
impact while achieving statutory objectives. This modified system of 
records updates the address of the system manager and the description 
of 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.017--
Small Business Review Panels and Cost of Credit Consultations,'' will 
collect and maintain information relating to potential small entity 
representatives who may or will: (1) Consult with the Bureau and other 
Small Business Review Panel members and provide advice and 
recommendations about the potential economic impacts of regulatory 
proposals under consideration on small entities subject to the 
proposals; and/or (2) consult with the Bureau about any projected 
impact on the cost of credit to small entities related to the proposals 
under consideration and significant alternatives to minimize any such 
impact while achieving statutory objectives. This modified system of 
records updates the address of the system manager and the description 
of the policies and practices for retention and disposal of records. 
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 5 years after cutoff of the calendar year in which the record 
was created. In addition, the Bureau is making non-substantive 
revisions to the system of records notice to align with the Office of 
Management 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

[[Page 3658]]

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).
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    \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.
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    The system of records entitled ``CFPB.017--Small Business Review 
Panels and Cost of Credit Consultations'' is published in its entirety 
below.

SYSTEM NAME AND NUMBER:
    CFPB.017--Small Business Review Panels and Cost of Credit 
Consultations.

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):
    Small Business Regulatory Enforcement Fairness Act Manager, Bureau 
of Consumer Financial Protection, 1700 G Street NW, Washington, DC 
20552; 202-435-7700.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, title X, sections 1011 and 1012, codified at 12 
U.S.C. 5491 and 5492. Public Law 96-354, as amended by Public Law 104-
121 and Public Law 111-203, codified at 5 U.S.C. 601 et seq.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to collect and maintain information 
relating to potential small entity representatives who may or will: (1) 
Consult with the Bureau and other Small Business Review Panel members 
and provide advice and recommendations about the potential economic 
impacts of regulatory proposals under consideration on small entities 
subject to the proposals; and/or (2) consult with the Bureau about any 
projected impact on the cost of credit to small entities related to the 
proposals under consideration and significant alternatives to minimize 
any such impact while achieving statutory objectives. The system will 
also collect and maintain information relating to guests of small 
entity representatives who may or will attend such meetings or 
consultations with the Bureau and other Small Business Review Panel 
members. The records are used in connection with and for administration 
of the review panel and cost of credit consultation processes, 
including meetings or consultations with small entity representatives. 
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 include: (1) Individual 
representatives of small entities who, in their business capacity, may 
participate in or attend meetings held in connection with the review 
panel and cost of credit consultation processes or other Bureau related 
outreach events; and (2) other attendees or individual guests of small 
entity representatives who may attend meetings held in connection with 
the review panel and cost of credit consultation processes or other 
related outreach events; and (3) Bureau employees or other Federal 
agency employees who participate in the events.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system will include information related to small 
businesses, small organizations, and small governmental jurisdictions, 
as defined pursuant to the RFA, and individual representatives and 
guests of these small entities who are invited to or attending meetings 
or consultations held in connection with the review panel and/or cost 
of credit consultation processes or other events, or who are otherwise 
participating in or requesting to participate in such meetings, 
consultations, or other related events. Such information may include: 
(1) Contact information (name, title, telephone number, email address); 
(2) name of employer and memberships or affiliation with trade 
associations or other organizations; (3) applicable business size 
standard and North American Industry Classification System (NAICS) 
code; (4) annual revenues, asset size, and number of employees; (5) 
scope and nature of business activities; (6) affiliated entities; (7) 
invitations to and participation in the review panel or cost of credit 
consultation processes, or other Bureau related outreach event; (8) 
written comments, correspondence, or other materials submitted in 
connection with the review panel and/or cost of credit consultation 
processes; and (9) information necessary to obtain entry into a Bureau 
or other government facility (address, telephone number, date of birth, 
Social Security number, country of citizenship). Information maintained 
on individual guests of small entity representatives who may attend 
meetings held in connection with the review panel and/or cost of credit 
consultation processes or other Bureau related outreach events will 
include: (1) Contact information (name, title, telephone number, email 
address); (2) employer or sponsor name; (3) information on membership 
in or affiliation with trade associations or other organizations; (4) 
invitations to and participation or requested participation in the 
review panel and/or cost of credit consultation processes, or other 
Bureau related outreach event; and (5) information necessary to obtain 
entry into a Bureau or other government facility (address, telephone 
number, date of birth, Social Security number, country of citizenship).

RECORD SOURCE CATEGORIES:
    Information in this system is obtained directly from the individual 
who is the subject of these records, and/or the association or 
organization providing the information on behalf of one of its members, 
or individual guests of small entity representatives, and the Bureau 
staff involved in the Small Business and Cost of Consultation Panel 
meetings.

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 part 
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 is reasonably 
necessary to assist the recipient agency or entity in (a) responding to 
a suspected or confirmed breach or (b) preventing, minimizing, or

[[Page 3659]]

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 before which the Bureau is authorized to appear, where the use of 
such information by the DOJ is deemed by the Bureau to be relevant and 
necessary to the litigation, and such proceeding names as a party or 
interests:
    (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) The public in the form of a list of the individual and business 
names of the invited or selected participants;
    (10) Other representatives of small entities who have been invited 
or selected to participate in the review panel and/or cost of credit 
consultation processes and related meetings or other events, and 
persons attending such meetings, consultations, or other related 
events;
    (11) The Office of Advocacy of the Small Business Administration, 
the Office of Information and Regulatory Affairs within the Office of 
Management and Budget, and any of their employees in their official 
capacity; and
    (12) Appropriate Federal organizations or agencies in connection 
with a joint or interagency rulemaking process or consultation.

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

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by one or more of the following: The name 
of the individual, business or employer name; membership or affiliation 
with trade associations or other organizations; applicable business 
size standard and NAICS code; affiliated entities; scope or nature of 
business activities.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per N1-587-12-9, records in this system will be destroyed 5 years 
after cutoff of the calendar year in which the record was created.

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 24183 (April 23, 2012); 83 FR 23435 (June 21, 2018).

    Dated: November 27, 2019.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial 
Protection.
[FR Doc. 2020-00131 Filed 1-21-20; 8:45 am]
 BILLING CODE 4810-AM-P