Privacy Act of 1974; System of Records, 3652-3655 [2020-00132]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3652-3655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00132]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0004]


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 information will 
enable the Bureau 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. The 
Bureau is modifying the system of records in order to update 
descriptions of the system location; the system manager; the address 
whereby a member of the public can request access to records, contest 
records, or request notification whether a system contains a record 
pertaining to him or her; 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 February 21, 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, Consumer Financial Protection Bureau, 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.004--
Enforcement Database,'' will collect information to enable the Bureau 
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. 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, 
record access, contesting record and notification procedures, 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 15 years after cutoff. 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

[[Page 3653]]

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).
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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.004--Enforcement Database'' 
is published in its entirety below.

SYSTEM NAME AND NUMBER:
    CFPB.004--Enforcement Database.

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):
    Assistant Director for Enforcement, Bureau of Consumer Financial 
Protection, 1700 G Street NW, Washington, DC 20552; (202) 435-7493.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, title X, sections 1011, 1012, 1021 codified at 
12 U.S.C. 5491, 5492, 5511.

PURPOSE(S) OF THE SYSTEM:
    The information in the system is being collected to enable the 
Bureau 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. 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:
    Covered individuals 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 
Bureau, 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 Bureau.
    (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 Bureau.
    (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 Bureau, 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:
    Records maintained in the system may contain: 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 Bureau and may include (1) 
Records provided to the Bureau about potential or pending 
investigations, administrative proceedings, and civil litigation; (2) 
evidentiary materials gathered or prepared by the Bureau 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 Bureau 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 Bureau and other Federal and State 
agencies; (7) consumer complaints made or referred to the Bureau.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from banks, savings 
association, credit unions, or non-depository institutions or other 
persons offering or providing consumer financial products or services, 
current, former, and prospective consumers who are or have been 
customers or prospective employees and agents of such persons, and 
current, former, and prospective customers of such entities and 
persons, and others with information relevant to the enforcement of 
federal consumer financial laws.

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's 
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

[[Page 3654]]

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 
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) Any authorized agency or component of the Department of 
Treasury, the Department of Justice, the Federal Reserve System, the 
Federal Deposit Insurance Corporation or other law enforcement 
authorities including disclosure by such authorities:
    (a) To the extent relevant and necessary in connection with 
litigation in proceedings before a court or other adjudicative body, 
where (i) the United States is a party to or has an interest in the 
litigation, including where the agency, or an agency component, or an 
agency official or employee whom the Department of Justice or the 
Bureau has agreed to represent, is or may likely become a party, and 
(ii) the litigation is likely to affect the agency or any component 
thereof; or (b) To outside experts or consultants when considered 
appropriate by Bureau staff to assist in the conduct of agency matters;
    (8) 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;
    (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) 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;
    (11) 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;
    (12) 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
    (13) 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 STORAGE OF RECORDS:
    Paper and electronic records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    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.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per NI-587-12-8, records in this system will be destroyed 15 years 
after cutoff.

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.

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HISTORY:
    76 FR 45757 (August 01, 2011); 79 FR 6190 (February 3, 2014); 83 FR 
23435 (May 21, 2018).

    Dated: November 27, 2019.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial 
Protection.
[FR Doc. 2020-00132 Filed 1-21-20; 8:45 am]
 BILLING CODE 4810-AM-P