[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Pages 45759-45761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19426]



Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of Proposed Privacy Act System of Records.


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 (``CFPB'') gives notice of the 
establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than August 31, 2011. The new 
system of records will be effective September 12, 2011 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0014, by any of the following methods:
     Electronic: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail or Hand Delivery/Courier in Lieu of Mail: Claire 
Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau, 
1801 L Street, NW., Washington, DC 20036.
    All submissions must include the agency name and docket number or 
Regulatory Information Number (RIN) for this notice. In general all 
comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public 
inspection and copying at 1801 L St., NW., Washington, DC 20036, 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) 435-7220. 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, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 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 CFPB to administer and enforce federal consumer 
financial protection law. The CFPB will maintain the records covered by 
this notice.
    The new systems of records described in this notice, CFPB.006--
Social Networks and Citizen Engagement System, will assist the CFPB by 
providing effective, social media-based ways to share information and 
interact with the public. 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, ``CFPB.006--Social Networks and 
Citizen Engagement System'' is published in its entirety below.

    Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.

System Name:
    CFPB Social Networks and Citizen Engagement System.

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

Categories of individuals covered by the system:
    Users of social media who interact with the CFPB through various 
social media outlets, including but not limited to third-party sites 
and services such as

[[Page 45760]]

Facebook, Twitter, YouTube, and Flickr. Other covered individuals may 
include those who sign on to various parts of the CFPB web site with a 
user identity provided by a third-party, such as Disqus. These may be 
members of the public, employees, or contractors.

Categories of records in the system:
    Records maintained in the system may contain information that an 
individual shares with the CFPB through various social media sites and 
services. They may also contain information that is stored to ensure 
that an individual can access web sites where a login is required. This 
may include without limitation: name, username, email address, birth 
date, security questions, IP addresses, location, passwords, 
authentication, business affiliation, demographic information, videos, 
photos, and other general information.

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. OMB Open Government Directive, M-10-06, 
Dec. 8, 2009. Presidential Memorandum to the Heads of Executive 
Departments and Agencies on Transparency and Open Government, January 
21, 2009. OMB Guidance for Online Use of Web Measurement and 
Customization Technologies, M-10-22, June 25, 2010. OMB Guidance for 
Agency Use of Third-Party Websites and Applications, M-10-23, June 25, 
2010. Executive Order 13571, Streamlining Service Delivery and 
Improving Customer Service, April 27, 2011.\1\

    \1\ Section 1066 of the Act grants the Secretary of the Treasury 
interim authority to perform certain functions of the CFPB. Pursuant 
to that authority, Treasury published rules on the Disclosure of 
Records and Information within 12 CFR Chapter X. This SORN is 
published pursuant to those rules and the Privacy Act.

    The information in the system is being collected to facilitate 
internal and external interactions concerning the CFPB and CFPB 
programs. The use of social media platforms will increase collaboration 
and transparency with the public, as well as employees and contractors. 
The use of social media will enable the CFPB to interact with the 
public in effective and meaningful ways, encourage the wide sharing of 
consumer financial information and the strengthening of an online 
community of consumers, and ensure that critical information about the 
agency and key consumer finance issues is distributed.

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 CFPB Disclosure 
of Records and Information Rules promulgated in the title of the CFR 
    (1) Appropriate agencies, entities, and persons when (a) the CFPB 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the CFPB 
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 CFPB or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the CFPB's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm;
    (2) 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;
    (3) To 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;
    (4) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (5) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job or other 
activity on behalf of the CFPB or Federal Government and who have a 
need to access information in the performance of their duties or 
    (6) 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 in his or her official capacity, or an 
individual 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 CFPB staff to assist in the conduct of agency matters;
    (7) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the CFPB or in representing the CFPB 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 
CFPB to be relevant and necessary to the advice or proceeding, and in 
the case of a proceeding, such proceeding names as a party in interest:
    (a) The CFPB;
    (b) Any employee of the CFPB in his or her official capacity;
    (c) Any employee of the CFPB in his or her individual capacity 
where DOJ or the CFPB has agreed to represent the employee; or
    (d) The United States, where the CFPB determines that litigation is 
likely to affect the CFPB 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; and
    (9) 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and dispensing of records in the system:
    Paper and electronic records.

    Records are retrievable by full-text search. Records may also be 
retrieved by personal identifiers which may include without limitation: 
name, username, e-mail address, IP addresses, geographic information, 
and demographic information.

[[Page 45761]]

    Access to electronic records that are not otherwise available to 
the general public by virtue of their presence on social media sites 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:
    The CFPB will maintain computer and paper records indefinitely 
until the National Archives and Records Administration approves the 
CFPB's records deposition schedule.

System manager(s) and address:
    Consumer Financial Protection Bureau, Chief Technology Officer, 
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 in Title 
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.'' 
Address such requests to: Chief Privacy Officer, Bureau of Consumer 
Financial Protection, 1801 L St., NW., Washington, DC 20036.

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 who 
interact with the CFPB through social media networks or as a result of 
public outreach.

Exemptions claimed for the system:

[FR Doc. 2011-19426 Filed 7-29-11; 8:45 am]