[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1507-1509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-217]


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DEPARTMENT OF THE TREASURY


Departmental Offices; Privacy Act of 1974, as Amended

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of Proposed Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Departmental Offices, U.S. Department of the Treasury (``Treasury'') 
gives notice of the establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than February 9, 2011. The 
new system of records will be effective February 9, 2011 unless the 
comments received result in a contrary determination.

ADDRESSES: Comments should be sent to Claire Stapleton, Consumer 
Financial Protection Bureau Implementation Team, 1801 L Street, NW., 
Washington, DC 20036. Comments will be made available for inspection 
upon written request. Treasury will make such comments available for 
public inspection and copying in Treasury's Library, Room 1428, Main 
Treasury Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, 
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) 622-0990. 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: Claire Stapleton, Consumer Financial 
Protection Bureau Implementation Team, 1801 L. Street, NW., Washington, 
DC 20036, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Protection Act (``Act''), Public Law 111-203, Title X, 
established the Consumer Financial Protection Bureau (CFPB). Once fully 
operational, CFPB will administer, enforce and implement Federal 
consumer financial protection laws, and, among other powers, will have 
authority to protect consumers from unfair, deceptive, and abusive 
practices when obtaining consumer financial products or services. The 
Act grants Treasury certain ``interim authority'' to help stand up the 
agency. The CFPB implementation team, currently within Treasury, will 
maintain the records covered by this notice.
    The new systems of records described in this notice, Treasury/
DO.315--CFPB Implementation Team Consumer Inquiry and Complaint 
Database, will be used to collect, respond to, and refer consumer 
inquiries and complaints concerning consumer financial products and 
services. A description of the new system of records follows this 
Notice.
    The report of a new 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 Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).
    The system of records entitled, ``Treasury/DO.315--CFPB 
Implementation Team Consumer Inquiry and Complaint Database'' is 
published in its entirely below.


[[Page 1508]]


    Dated: December 27, 2010.
Veronica Marco,
Acting Deputy Assistant Secretary for Privacy, Transparency, and 
Records.
TREASURY/DO .315

System Name:
    CFPB Implementation Team Consumer Inquiry and Complaint Database.

System Location:
    Consumer Financial Protection Bureau Implementation Team, 1801 L 
Street, NW., Washington, DC 20036.

Categories of individuals covered by the system:
    Individuals covered by this system are individuals who submit 
complaints or inquiries to the CFPB Implementation Team (on their own 
or others' behalf); individuals on whose behalf complaints or inquiries 
are submitted by others (such as attorneys, members of Congress, third 
party advocates, and/or other governmental organizations); and 
individuals about whom complaints or inquiries have been received by 
prudential regulators, the Federal Trade Commission, other Federal 
agencies, and State agencies and then shared with the CFPB 
Implementation Team. The term ``prudential regulators'' refers to any 
Federal banking agency, as that term is defined in section 3 of the 
Federal Deposit Insurance Act, and the National Credit Union 
Administration. Information collected regarding consumer 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 organizations is not subject to the Privacy Act.

Categories of records in the system:
    Records in the system may contain: (1) Correspondence or other 
information received from or made by complainants, consumers, or other 
individuals or entities; (2) information from the entity or individual 
referring the inquiry or complaint; (3) records created of verbal 
communications by or with complainants or other individuals; (4) 
information regarding third party advocates or others who submit 
complaints or inquiries on another's behalf; (5) information 
identifying the entity that is subject to the complaint or inquiry; (6) 
communication with or by the entity that is subject to the complaint or 
inquiry; (7) unique identifiers, codes, and descriptors categorizing 
each complaint or inquiry file; (8) information about how complaints 
were responded to or referred; (9) records used to respond to or refer 
complaints, including information in the CFPB Implementation Team's 
other systems of records; and (10) identifiable information regarding 
both the individual who is making the inquiry or complaint, and the 
individual on whose behalf such inquiry or complaint is made, including 
name, social security number, account numbers, address, phone number, 
e-mail address, date of birth.

Authority for maintenance of the system:
    Pub. L. 111-203, Title X, Section 1066, codified at 12 U.S.C. 5586.

Purpose(s):
    The information in the system is being collected to enable the CFPB 
Implementation Team to collect, respond to, and refer complaints or 
inquiries regarding consumer financial products or services. The system 
serves as a record of the complaint or inquiry, and is used for 
collecting complaint or inquiry data; responding to or referring the 
complaint or inquiry; aggregating data that will be used to inform 
other functions of the CFPB Implementation Team and, as appropriate, 
other agencies and/or the public; and preparing reports as required by 
law. This system consists of complaints or inquiries received by the 
CFPB Implementation Team or other entities and information concerning 
responses to or referrals of these complaints or inquiries, as 
appropriate.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed to:
    (1) An entity that is the subject of the complaint or inquiry;
    (2) A court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations;
    (3) A court, magistrate, or administrative tribunal pursuant to an 
order of a court of competent jurisdiction, where relevant or 
potentially relevant to a proceeding, or in connection with criminal 
law proceedings;
    (4) Third parties to the extent necessary to obtain information 
needed for a response to or referral of a complaint or inquiry;
    (5) Appropriate law enforcement agencies or authorities in 
connection with the investigation and/or prosecution of alleged civil, 
criminal, and administrative violations;
    (6) A congressional office in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (7) The appropriate governmental, Tribal, self-regulatory or 
professional organizations if that organization has jurisdiction over 
the subject matter of the complaint or inquiry, or over the entity that 
is the subject of the complaint or inquiry;
    (8) Another Federal 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;
    (9) Other Federal and nonfederal governmental supervisory or 
regulatory authorities when the subject matter is within such other 
agency's jurisdiction;
    (10) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the Treasury or in representing the Treasury 
in a proceeding before a court, adjudicative body, or other 
administrative body before which the Treasury is authorized to appear, 
where the use of such information by the DOJ is deemed by the Treasury 
to be relevant and necessary to the litigation, and such proceeding 
names as a party or interests:
    (a) The Treasury or any component thereof;
    (b) Any employee of the Treasury in his or her official capacity;
    (c) Any employee of the Treasury in his or her individual capacity 
where DOJ has agreed to represent the employee; or
    (d) The United States, where the Treasury determines that 
litigation is likely to affect the Treasury or any of its components.
    (11) The National Archives and Records Administration for use in 
records management inspections;
    (12) A contractor or agent who needs to have access to this system 
of records to perform an assigned activity;
    (13) Appropriate agencies, entities, and persons when (a) the 
Treasury suspects or has confirmed that the security or confidentiality 
of information in the system of records has been compromised; (b) the 
Treasury has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the Treasury 
or another agency or entity) that rely upon the compromised 
information; and (c) the disclosure made to such agencies, entities, 
and persons is

[[Page 1509]]

reasonably necessary to assist in connection with the Treasury's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm;
    (14) Prudential regulators (including without limitation Federal 
banking agencies and the National Credit Union Administration), the 
Federal Trade Commission, other Federal agencies, and State agencies, 
for the purpose of facilitating the activities described in 12 U.S.C. 
5493(b)(3)(D) concerning consumer financial products and services 
complaints;
    (15) Government agencies and the public, in the form of analytic 
and statistical reports, summaries, or extracts in which individual 
identities are not revealed, in order to provide information about 
trends and patterns derived from information contained in complaint 
records; and
    (16) Persons determined to be complainants and/or victims, to the 
extent the Treasury deems necessary, at its discretion, in order to 
provide such persons with information concerning the progress and/or 
results of the investigation or case arising from the matters of which 
they complained and/or of which they were a victim.

Policies and practices for storing, retrieving, accessing, retaining, 
and dispensing of records in the system:
Storage:
    Records maintained in this system are stored electronically and in 
file folders. Paper copies of individual records are made by the 
authorized CFPB Implementation Team staff.

Retrievability:
    Records are retrievable by a variety of fields including, but not 
limited to, the individual's name, Social Security number, complaint/
inquiry case number, address, account number, transaction number, phone 
number, date of birth, or by some combination thereof.

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.

Retention and disposal:
    Computer and paper records will be maintained indefinitely until a 
records disposition schedule is approved by the National Archives 
Records Administration.

System manager(s) and address:
    Consumer Financial Protection Bureau Implementation Team, 1801 L 
Street, NW., Washington, DC 20036.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
inquire in writing in accordance with instructions appearing at 31 CFR 
part 1, subpart C, appendix A. Address such requests to: Director, 
Disclosure Services, Department of Treasury, 1500 Pennsylvania Ave., 
NW., Washington, DC 20220.

Record access procedures:
    See ``Notification Procedures'' above.

Contesting record procedures:
    See ``Notification Procedures'' above.

Record source categories:
    Information in this system is obtained from individuals and 
entities filing complaints and inquiries, other governmental 
authorities, and entities that are the subjects of complaints and 
inquiries.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-217 Filed 1-7-11; 8:45 am]
BILLING CODE 4810-25-P