[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14518-14520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06879]


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NATIONAL CREDIT UNION ADMINISTRATION


Privacy Act of 1974: Systems of Records

AGENCY: National Credit Union Administration (NCUA).

ACTION: Notice of a rescinded system of records; notice of a modified 
system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the National Credit Union 
Administration (NCUA) proposes the following changes to: Rescind a 
duplicative system of records; reflect changes in information access 
and retrieval; and change the name of the office system owner for an 
existing system of records. These actions are necessary to meet the 
requirements of the Privacy Act that federal agencies publish in the 
Federal Register a notice of the existence and character of records it 
maintains that are retrieved by an individual identifier.

DATES: Submit comments on or before April 30, 2018. This action will be 
effective without further notice on April 30, 2018 unless comments are 
received that would result in a contrary determination.

ADDRESSES: You may submit comments by any of the following methods, but 
please send comments by one method only:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     NCUA website: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. Follow the instructions for 
submitting comments.
     Email: Address to [email protected]. Include ``[Your 
name]--Comments on NCUA Consumer Complaints Against Federal Credit 
Unions SORN'' in the email subject line.
     Fax: (703) 518-6319. Use the subject line described above 
for email.
     Mail: Address to Gerard Poliquin, Secretary of the Board, 
National Credit Union Administration, 1775 Duke Street, Alexandria, 
Virginia 22314-3428.
     Hand Delivery/Courier: Same as mail address.

FOR FURTHER INFORMATION CONTACT: Morgan M. Rogers, Division of Consumer 
Affairs Director, or Matthew J. Biliouris, Director, Office of Consumer 
Financial Protection, Consumer Assistance, the National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia, 22314 
(Regarding the NCUA- 12, Consumer Complaints Against Federal Credit 
Unions System), or Rena Kim, Privacy Attorney, or Linda Dent, Senior 
Agency Official for Privacy, Office of General Counsel, the National 
Credit Union Administration, 1775 Duke Street, Alexandria, Virginia, 
22314, or telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION: 
    (1) NCUA is Proposing to Rescind NCUA-5, Unofficial Personnel and 
Employee Development/Correspondence Records
    Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, NCUA is 
proposing to rescind the following system of records notice: Unofficial 
Personnel and Employee Development/Correspondence Records (last 
published at 75 FR 41539 (July 16, 2010).
    NCUA-5 is a system of records that covers unofficial personnel and 
related records maintained by NCUA staff to facilitate day-to-day 
administrative activities. The records are already covered by OPM/GOVT-
1 and OPM/GOVT-2 and therefore, the NCUA is proposing that NCUA-5 be 
rescinded.

[[Page 14519]]

The rescission will not affect business and will likewise not create 
any additional privacy risks for the individuals whose information is 
covered by NCUA-5 (NCUA employees). Following the rescission of NCUA-5, 
the NCUA will continue to maintain and use the records as it previously 
had, but will rely on the government-wide SORNs as opposed to its own. 
A side-by-side comparison of the types of records, the purposes and the 
routine uses in NCUA-5 and those in OPM/GOVT-1 and OPM/GOVT-2 was 
conducted to ensure the proposed rescission would not orphan any 
Privacy Act records and was otherwise in keeping with the spirit of the 
Privacy Act's notice related provisions. The NCUA's proposal to rescind 
NCUA-5 is part of an ongoing SORN review for compliance with OMB 
Circular A-108, Section 6, i. (December 23, 2016).
    (2) NCUA is proposing to Update NCUA-12, Consumer Complaints 
Against Credit Unions
    The NCUA-12 Consumer Complaints Against Federal Credit Unions 
System is being updated to reflect a change in the manner in which 
records are accessed and retrieved by examination personnel. 
Additionally, the update includes a change to the office system owner's 
name resulting from a reorganization. The NCUA-12 system of records 
collects and maintains consumer complaints against credit unions 
received and processed by the NCUA Consumer Assistance Center. The 
change in access will improve the effectiveness and efficiency when 
examiners conduct the required pre-exam planning review of consumer 
complaints. Examiners may securely view consumer complaints, credit 
union responses, supporting documentation about complaints, and 
consumer protection violations concerning the credit unions in their 
assigned region. The Consumer Assistance Center is a component within 
NCUA's previous Office of Consumer Financial Protection and Access, now 
reorganized and renamed the Office of Consumer Financial Protection 
(OCFP).
NCUA-5

SYSTEM NAME:
    Unofficial Personnel and Employee Development/Correspondence 
Records RESCINDED.
NCUA-12

SYSTEM NAME:
    Consumer Complaints Against Federal Credit Unions

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    NCUA Consumer Assistance Center, Office of Consumer Financial 
Protection, National Credit Union Administration, 1775 Duke Street, 
Alexandria, VA. 22314-3428. Third party service provider, 
Salesforce.com, Inc. The Landmark at One Market, Suite 300, San 
Francisco, CA 94105.

SYSTEM MANAGER(S):
    Division of Consumer Affairs Director, Office of Consumer Financial 
Protection, National Credit Union Administration, 1775 Duke Street, 
Alexandria, Virginia 22314-3428.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 1752a, 12 U.S.C. 1766, 12 U.S.C. 1784(a), and 12 U.S.C. 
1789.

PURPOSE(S) OF THE SYSTEM:
    The system supports the NCUA's supervisory oversight and 
enforcement responsibilities to intake and respond to consumer 
inquiries, complaints and other communications from the general public, 
credit unions and other state and federal government banking and law 
enforcement agencies regarding federal consumer financial protection 
laws, regulations and credit union activity.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are members of the public that contact the NCUA's 
Consumer Assistance Center by telephone, written correspondence and web 
search, including both general inquiries and complaints concerning 
federal financial consumer protection matters within credit unions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains correspondence and records of other 
communications between the NCUA and the individual submitting a 
complaint or making an inquiry, including copies of supporting 
documents and contact information supplied by the individual. This 
system may also contain regulatory and supervisory communications 
between the NCUA and the NCUA-insured credit union in question and/or 
intra-agency or inter-agency memoranda or correspondence relevant to 
the complaint or inquiry.

RECORD SOURCE CATEGORIES:
    Information is provided by the individual complainant, and his or 
her representative such as, a member of Congress or an attorney. 
Information is also provided by federal credit union officials and 
employees. Information is provided by the individual to whom the record 
pertains, internal agency records, and investigative and other record 
material compiled in the course of an investigation, or furnished by 
other state and federal financial regulatory and law enforcement 
government agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The NCUA's Consumer Assistance Center uses these records to 
document the submission of and responses to consumer inquiries, 
complaints and other communications from the general public regarding 
federal consumer financial protection laws, regulations and credit 
union activity.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside the NCUA 
as a routine use as follows:
    (1) To the insured credit union which is the subject of the 
complaint or inquiry when necessary to investigate or resolve the 
complaint or inquiry;
    (2) To authorized third-party sources during the course of the 
investigation in order to resolve the complaint or inquiry. Information 
that may be disclosed under this routine use is limited to the name of 
the complainant or inquirer, the nature of the complaint or inquiry, 
and such additional information necessary to investigate the complaint 
or inquiry; and
    (3) Information may be disclosed to other federal and nonfederal 
supervisory or regulatory authorities when the subject matter is a 
complaint or inquiry which is more properly within such agency's 
jurisdiction. Complaints involving matters that do not fall within 
NCUA's purview are forwarded to either the appropriate state 
supervisory authority or federal regulator for disposition.
    (4) To the Federal or State supervisory/regulatory authority that 
has direct supervision over the insured credit union that is the 
subject of the complaint or inquiry.
    (5) NCUA's standard routine uses apply to this system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored electronically and physically.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by individual identifiers such as individual 
complainant's name.

[[Page 14520]]

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All records, including audio records, are retained in a secure and 
encrypted cloud-based storage system for a period of seven years 
consistent with the National Archives and Records Administration 
records retention schedule.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Information in the system is safeguarded in accordance with the 
applicable laws, rules and policies governing the operation of federal 
information systems.

RECORD ACCESS PROCEDURES:
    Individuals wishing access to their records should submit a written 
request to the Privacy Officer, NCUA, 1775 Duke Street, Alexandria, VA 
22314, and provide the following information:
    1. Full name.
    2. Any available information regarding the type of record involved.
    3. The address to which the record information should be sent.
    4. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf. Individuals requesting access 
must also comply with NCUA's Privacy Act regulations regarding 
verification of identity and access to records (12 CFR 792.55).

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment to their records should 
submit a written request to the Privacy Officer, NCUA, 1775 Duke 
Street, Alexandria, VA 22314, and provide the following information:
    1. Full name.
    2. Any available information regarding the type of record involved.
    3. A statement specifying the changes to be made in the records and 
the justification therefore.
    4. The address to which the response should be sent.
    5. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf.

NOTIFICATION PROCEDURES:
    Individuals wishing to learn whether this system of records 
contains information about them should submit a written request to the 
Privacy Officer, NCUA, 1775 Duke Street, Alexandria, VA 22314, and 
provide the following information:
    1. Full name.
    2. Any available information regarding the type of record involved.
    3. The address to which the record information should be sent.
    4. You must sign your request.
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for the 
representative to act on their behalf. Individuals requesting access 
must also comply with NCUA's Privacy Act regulations regarding 
verification of identity and access to records (12 CFR 792.55).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    This system is subject to the specific exemption provided by 5 
U.S.C. 552a(k)(2), as the system of records is investigatory material 
compiled for law enforcement purposes.

HISTORY:
    75 FR 41539 (July 16, 2010).

    By the National Credit Union Administration Board on March 30, 
2018.
Gerard Poliquin,
Secretary of the Board.
[FR Doc. 2018-06879 Filed 4-3-18; 8:45 am]
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