Privacy Act of 1974; System of Records, 3655-3657 [2020-00141]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3655-3657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00141]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0001]


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 in the 
system enables the Bureau to carry out its responsibilities under the 
Freedom of Information Act (FOIA) and the Privacy Act (PA), including 
enabling staff to receive, track, and respond to requests. 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 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.001--
Freedom of Information Act/Privacy System,'' will collect information 
to enable the Bureau to carry out its responsibilities under the FOIA 
and the PA, including enabling staff to receive, track, and respond to 
requests. This modified system of records updates 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. 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 two years after supersession by a revision SORN or after the 
system ceases operation. 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 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.001--Freedom of Information 
Act/Privacy System'' is published in its entirety below.

SYSTEM NAME AND NUMBER:
    CFPB.001--Freedom of Information Act/Privacy Act System.

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):
    Chief FOIA Officer, Bureau of Consumer Financial Protection, 1700 G 
Street NW, Washington, DC 20552; (855) 444-3642.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203; title X, sections 1012 and 1013, codified at 12 
U.S.C. 5492, 5493.

PURPOSE(S) OF THE SYSTEM:
    The information in the system is being collected to enable the 
Bureau to carry out its responsibilities under FOIA and PA, including 
enabling staff to receive, track, and respond to requests. This 
requires maintaining documentation gathered during the consideration 
and disposition process, administering annual reporting requirements, 
managing FOIA-related fees and calculations, and delivering responsive 
records. 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 persons who cite FOIA or the 
PA to request access to records or whose information requests are 
treated as FOIA requests. Other individuals covered include Bureau 
staff assigned to process such requests, and employees who may

[[Page 3656]]

have responsive records or are mentioned in such records. FOIA requests 
are subject to the PA only to the extent that they concern individuals; 
information pertaining to corporations and other business entities and 
organizations are not subject to the PA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system may contain: (1) Correspondence with the 
requester including initial requests and appeals; (2) documents 
generated or compiled during the search and processing of the request; 
(3) fee schedules, cost calculations, and assessed cost for disclosed 
FOIA records; (4) documents and memoranda supporting the decision made 
in response to the request, referrals, and copies of records provided 
or withheld; (5) Bureau staff assigned to process, consider, and 
respond to requests and, where a request has been referred to another 
agency with equities in a responsive document, information about the 
individual handling the request on behalf of that agency; (6) 
information identifying the entity that is subject to the requests or 
appeals; (7) requester information, including name, address, phone 
number, email address; FOIA tracking number, phone number, fax number, 
or some combination thereof; and (8) for access requests under the 
Privacy Act, identifying information regarding both the party who is 
making the written request or appeal, and the individual on whose 
behalf such written requests or appeals are made, including name, 
Social Security number (SSNs may be submitted with documentation or as 
proof of identification), address, phone number, email address, FOIA 
number, phone number, fax number, or some combination thereof. This 
system also consists of records related to requests for OGIS 
assistance.

RECORD SOURCE CATEGORIES:
    Information in this system covers individuals about whom records 
are maintained; agency staff assigned to help process, consider and 
respond to the request, including any appeals; entities filing requests 
or appeals on behalf of the requestor; other governmental authorities; 
and entities that are the subjects of the request or appeals.

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 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) The 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) 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;
    (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) National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with FOIA, 
and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies.

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, but not 
limited to, the requester's name, the subject matter of request, 
requestor's organization, FOIA tracking number, and staff member 
assigned to process the request. Records may also be searched by the 
address, phone number, fax number, email address of the requesting 
party, and subject matter of the request, or by some combination 
thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per DAA-GRS-2016-0003-0002, records will be destroyed two years 
after

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supersession by a revision SORN or after the system ceases operation.

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:
    76 FR 45768 (August 1, 2011); 78 FR 47306 (August 5, 2013); 79 FR 
78837 (December 31, 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. 2020-00141 Filed 1-21-20; 8:45 am]
 BILLING CODE 4810-AM-P