Privacy Act of 1974; System of Records, 7690-7692 [2023-02448]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7690-7692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02448]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2023-0012]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a modified System of Records; comment request.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Consumer Financial Protection Bureau (Bureau), gives notice of the 
establishment of a revised Privacy Act System of Records. This revised 
system 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: The investigation of potential 
violations of Federal consumer financial law; the pursuit of 
administrative or civil enforcement actions; and 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.

DATES: Comments must be received no later than March 8, 2023. The 
modified system of records will be effective March 20, 2023 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above Docket No. CFPB-2023-0012), by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include Docket No. CFPB-2023-0012 
in the subject line of the email.
     Mail/Hand Delivery/Courier: Kathryn Fong, Acting Chief 
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street 
NW, Washington, DC 20552. Because paper mail in the Washington, DC area 
and at the Bureau is subject to delay, commenters are encouraged to 
submit comments electronically.
    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. 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. Sensitive 
personal information, such as account numbers or Social Security 
numbers, should not be included.

FOR FURTHER INFORMATION CONTACT: Kathryn Fong, Acting Chief Privacy 
Officer, at (202) 435-7084. If you require this document in an 
alternative electronic format, please contact 
[email protected]. Please do not submit comments to this 
email box.

SUPPLEMENTARY INFORMATION: The Bureau revises its Privacy Act System of 
Records Notice (SORN) ``CFPB.004--Enforcement Database'' to include the 
exemptions promulgated for the system that were inadvertently omitted 
when the SORN was last modified. In addition, the Bureau is updating 
the policies and practices for retention and disposition of records by 
identifying a National Archives and Records Administration (NARA) 
approved schedule applicable to the records maintained in the system. 
Furthermore, the Bureau is making non-substantive revisions to the SORN 
to align with the Office of Management and Budget's recommended model 
in Circular A-108, Appendix II.
    The report of the revised system of records has been submitted to 
the Committee on Oversight and Government 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'' (Dec. 
2016),\1\ and the Privacy Act of 1974, 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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SYSTEM NAME AND NUMBER:
    CFPB.004--Enforcement Database.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Consumer Financial Protection Bureau, Chief Operating Officer, 1700 
G Street NW, Washington, DC 20552.

[[Page 7691]]

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 system will collect information to enable the Bureau to: (1) 
Investigate potential violations of Federal consumer financial law; (2) 
pursue administrative or civil enforcement actions; and (3) refer 
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 in the title of 
the CFR 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 Executive 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 (DOJ), the Board of Governors of 
the Federal Reserve System, the Federal Deposit Insurance Corporation 
or other

[[Page 7692]]

law enforcement authorities including disclosure by such authorities:
    (a) 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 DOJ 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 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 during 
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:
    The records are maintained in paper and electronic media. Access to 
electronic records is restricted to authorized personnel who have been 
issued non-transferrable access codes and passwords.

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:
    The Bureau maintains records in accordance with a National Archives 
and Records Administration (NARA) approved schedule. The records are 
covered in item 1 of the NARA approved Records Disposition Authority 
for Enforcement. The disposition of these records is temporary and are 
destroyed or deleted six months after the end of the calendar year when 
the record is created. The longest retention period would total 18 
months if the information is no longer needed to support a Bureau 
activity. If the record is being used for a specific matter, then it 
becomes a matter record and is subject to the disposition schedule as 
it applies to that matter, which can range from one year beyond the 
year created to permanently archived for historically significant 
cases. 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:
    Individuals seeking access to any record 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, 
Consumer Financial Protection Bureau, 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:
    Individuals seeking to contest the content of any record 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, Consumer Financial Protection Bureau, 1700 G Street 
NW, Washington, DC 20552. Instructions are also provided on the Bureau 
website: https://www.consumerfinance.gov/privacy/amending-and-correcting-records-under-privacy-act/.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Portions of the records in this system are compiled for law 
enforcement purposes and are exempt from disclosure under CFPB's 
Privacy Act regulations and 5 U.S.C. 552a(k)(2). Federal criminal law 
enforcement investigatory reports maintained as part of this system may 
be the subject of exemptions imposed by the originating agency pursuant 
to 5 U.S.C. 552a(j)(2).

HISTORY:
    76 FR 45757 (Aug. 1, 2011); 79 FR 6190 (Feb. 3, 2014); 83 FR 23435 
(May 21, 2018); 85 FR 3652 (Jan. 22, 2020).

Tannaz Haddadi,
Senior Agency Official for Privacy, Consumer Financial Protection 
Bureau.
[FR Doc. 2023-02448 Filed 2-3-23; 8:45 am]
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