[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79150-79151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32718]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 76, No. 245 / Wednesday, December 21, 2011 / 
Notices  

[[Page 79150]]



BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0044]


Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

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 
Bureau of Consumer Financial Protection, hereinto referred to as the 
Consumer Financial Protection Bureau (CFPB), gives notice of the 
establishment of this updated Privacy Act System of Records.\1\
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    \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 publishes this Notice on behalf of the 
CFPB.

DATES: Comments must be received no later than January 20, 2012. The 
new database will be effective January 30, 2012 unless the comments 
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received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0044, by any of the following methods:
     Electronic: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Claire Stapleton, Chief Privacy Officer, Consumer 
Financial Protection Bureau, 1700 G Street NW., Washington, DC 20006.
     Hand Delivery/Courier in Lieu of Mail: Claire Stapleton, 
Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G 
Street NW., Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1700 G Street NW., 
Washington, DC 20006, (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. The CFPB administers, enforces, and implements 
Federal consumer financial laws, and, among other powers, has authority 
to protect consumers from unfair, deceptive, and abusive practices when 
obtaining consumer financial products or services. The new system of 
records described in this notice, CFPB.011--Correspondence Tracking 
Database, will track and process controlled correspondence. The 
Correspondence Tracking Database will allow the CFPB to keep track of 
official correspondence while it is being actively handled.
    The report of the 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 CFPB implementation team under Treasury previously published a 
system of records notice (``SORN'') for the Correspondence Database 
Treasury/DO .318 in the Federal Register, 76 FR 14834, June 14, 2011.
    The system of records entitled, ``CFPB.011--Correspondence Tracking 
Database'' replaces the previously published SORN and is published in 
its entirety below.

    Dated: December 15, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.011

System Name:
    CFPB Correspondence Tracking Database.

System Location:
    Consumer Financial Protection Bureau, 1700 G Street NW., 
Washington, DC 20006

Categories of individuals covered by the system:
    Individuals covered by this system are those whose correspondence 
is submitted to the CFPB and members of the CFPB assigned to help 
process, review and/or respond to the correspondence.

Categories of records in the system:
    Records maintained in the database may contain (1) Correspondence 
(including, without limitation, official letters, memoranda, faxes, 
telegrams, and emails) received and sent; (2) mailing lists of 
correspondence submitters; (3) identifying information regarding both 
the individual who is submitting the correspondence or the individual 
or entity on whose behalf such correspondence is submitted, such as the 
individual's name, phone number, address, email address, and any other 
disclosed identifiable information; (4) information concerning the CFPB 
employees responsible for processing the correspondence; (5) 
correspondence disposition information; (6) correspondence tracking 
dates; and (7) internal office assignment information. Supporting 
records may include correspondence between the CFPB and the individual. 
Records related to consumer complaints will not be contained in this 
system.

Authority for maintenance of the system:
    Public Law 111-203, Title X, Sections 1011, 1012, 1013, codified at 
12 U.S.C. 5491, 5492, 5493.\2\
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    \2\ 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.
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Purpose:
    The purpose of the Correspondence Tracking Database is to enable 
the CFPB to track correspondence, including responsibilities for 
processing, tracking, responding to, or referring sensitive and/or 
time-critical correspondence for appropriate processing and responsive 
action.

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 
Confidentiality Rules, promulgated at 12 CFR part 1070 et seq to:
    (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

[[Page 79151]]

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 the information in the performance of their duties or 
activities;
    (6) 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 has agreed to represent the employee; or
    (d) The United States, where the CFPB determines that litigation is 
likely to affect the Treasury or any of its components;
    (7) 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;
    (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, to the extent 
necessary to respond to or refer correspondence;
    (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;

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 staff.

Retrievability:
    Records are retrievable by the name of the individual covered by 
the system, date of correspondence, or correspondence control number 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 and 
Records Administration.

System manager(s) and address:
    Consumer Financial Protection Bureau, Executive Secretary 1700 G 
Street NW., Washington, DC 20006.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this database, 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, Consumer Financial Protection 
Bureau, 1700 G Street NW., Washington, DC 20006.

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

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

Record source categories:
    Information in this system is maintained about individuals who 
submit correspondence to CFPB and employees assigned to help process, 
review, or respond to correspondence.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-32718 Filed 12-20-11; 8:45 am]
BILLING CODE 4810-AM-P