[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Notices]
[Pages 54630-54632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21488]


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BUREAU OF CONSUMER FINANCIAL PROTECTION


Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a Revised 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 or Bureau), gives notice of 
the establishment of a revised Privacy Act System of Records.

DATES: Comments must be received no later than October 7, 2013. The new 
system of records will be effective October 15, 2013, unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments by any of the following methods:
     Electronic: [email protected].
     Mail/Hand Delivery/Courier: Claire Stapleton, Chief 
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street 
NW., Washington, DC 20552.
    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) 435-7220. 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, 1700 G Street NW., 
Washington, DC 20552, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The CFPB revises its Privacy Act System of 
Records Notice (SORN) ``CFPB.007--CFPB Directory Database.'' In 
revising this SORN, the CFPB modifies the notification procedures for 
individuals seeking access to records maintained in this system; 
modifies the system location, system manager(s) and address; modifies 
the categories of records to reflect the present status of the 
information contained in this system; consolidates two routine uses 
(previously routine uses 6 and 7) which include the disclosure of 
personally identifiable information (PII) from the system to the U.S. 
Department of Justice

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(DOJ) for its use in providing legal advice to the CFPB or in 
representing the CFPB in a legal proceeding; and modifies the record 
sources and retrievability for the system to better align with the 
categories of records included in the system. Additionally, several 
non-substantive changes were made to the categories of records and the 
categories of individuals in the system.
    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 Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000,\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 CFPB 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 revised system of records entitled ``CFPB.007--CFPB Directory 
Database'' is published in its entirety below.

    Dated: August 28, 2013.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.007

SYSTEM NAME:
    CFPB Directory Database.

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

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system are: (1) Individuals who 
directly, indirectly, or acting through or in concert with one or more 
other individuals, own or control an entity offering or providing, or 
materially assisting in the offering or provision of, consumer 
financial products or services (collectively, ``covered persons'' and 
``service providers''); (2) current and former directors, officers, 
employees, shareholders, agents, and independent contractors of such 
entities; (3) other related persons, as necessary, including without 
limitation, persons who have personal financial arrangements with 
covered persons, representatives or counsel of covered persons or 
related persons; and (4) individuals who provide information on covered 
persons or entities such as employees of state attorneys general 
offices. Information contained in the CFPB Directory Database 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 this system may contain, without limitation, 
the following types of PII: Name, address, email address, phone number, 
and employment status. Additionally, records may contain information 
relating to the business activities and transactions of covered persons 
and entities and their associated persons. Other information may 
include without limitation: Name, location, charter number, charter 
type, and date of last examination of each entity and the types of 
financial products offered by each organization.
    Information contained in the CFPB Directory Database will be 
collected from a variety of sources, including, without limitation: (1) 
The individuals who own, control, or work for covered persons or 
service providers; (2) existing databases maintained by other Federal 
and state regulatory associations, agencies, and related entities; (3) 
third-parties with relevant information about covered persons or 
services providers; and (4) information generated by CFPB employees. 
Whenever practicable, the CFPB will collect information about an 
individual directly from that individual.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Pub. L. 111-203, Title X, Sections 1011, 1012, 1021, codified at 12 
U.S.C. 5491, 5492, 5511.

PURPOSE(S):
    The information in the system is being collected to create an 
agency-wide repository of identifying and registration information 
concerning entities and their affiliates offering or providing, or 
materially assisting in the offering or provision of, consumer 
financial products or services. By ensuring the use of consistent 
information across the agency, the CFPB Directory Database will enable 
the CFPB to carry out its supervisory, enforcement, and regulatory 
authorities in an efficient and effective manner.

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's 
Disclosure of Records and Information 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 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) 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 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 such proceeding names as a party in interest:
    (a) The CFPB;
    (b) Any employee of the CFPB in his or her official capacity;

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    (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 CFPB or any of its components;
    (7) 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;
    (8) 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; 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 DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper and electronic records.

RETRIEVABILITY:
    Records are retrievable by a variety of fields including, without 
limitation, the individual's name, address, email address, phone 
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:
    The CFPB will manage all computer and paper files in the system as 
permanent records until the disposition schedule for these records is 
approved by the National Archives and Records Administration, at which 
time, the CFPB will dispose of such files in accordance with the 
schedule.

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

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 the 
CFPB's Disclosure of Records and Information Rules, promulgated at 12 
CFR part 1070 et seq. Address such requests to: Chief Privacy Officer, 
Bureau of Consumer Financial Protection, 1700 G Street NW., Washington, 
DC 20552.

RECORD ACCESS PROCEDURES:
    See ``Notification Procedures'' above.

CONTESTING RECORD PROCEDURES:
    See ``Notification Procedures'' above.

RECORD SOURCE CATEGORIES:
    Information contained in the CFPB Directory Database will be 
collected from a variety of sources, including, without limitation: (1) 
The individuals who own, control, or work for covered persons or 
service providers; (2) existing databases maintained by other Federal 
and state regulatory associations, agencies, and related entities; (3) 
third-parties with relevant information about covered persons or 
services providers; and (4) information generated by CFPB employees. 
Whenever practicable, the CFPB will collect information about an 
individual directly from that individual.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 2013-21488 Filed 9-4-13; 8:45 am]
BILLING CODE 4810-AM-P