[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3662-3664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00130]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2020-0006]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of a modified 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 (Bureau), gives notice of the
modification of a Privacy Act System of Records. The information in the
system will enable the Bureau to identify and conduct effective
financial education programs and to collect, research, and publish
certain information relevant to understanding and improving consumer
financial decision-making and well-being. The Bureau is modifying the
system of records in order to update descriptions of the system
location; the system manager; and the policies and practices for
retention and disposal of records.
DATES: Comments must be received no later than February 21, 2020. The
modified system of records will be effective January 22, 2020, unless
the comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by the title and the
docket number (see above), by any of the following methods:
Electronic: http://www.regulations.gov: Follow the
instructions for soliciting comments.
Email: [email protected].
Mail/Hand Delivery/Courier: Tannaz Haddadi, Acting Chief
Privacy Officer, Bureau of Consumer Financial Protection, 1700 G Street
NW, Washington, DC 20552.
All submissions must include the agency name and docket number 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 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) 435-7058. 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: Tannaz Haddadi, Acting Chief Privacy
Officer, at (202) 435-7058. If you require this document in an
alternative electronic format, please contact
[email protected]. Please do not submit comments to these
email boxes.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111-203, title X, established the
Bureau. The Bureau will maintain the records covered by this notice.
The modified system of records described in this notice, ``CFPB.021--
Consumer Education and Engagement Records,'' will collect information
to enable the Bureau to identify and conduct effective financial
education programs and also to collect, research, and publish certain
information relevant to understanding and improving consumer financial
decision-making and well-being. This modified system of records updates
the description of the system location, the address of the system
manager, the address whereby members of the public can notify the
Bureau to request access to or amend records about themselves, and
record access, contesting record and notification procedures. The
updated sections reflect the Bureau's new address: Bureau of Consumer
Financial Protection, 1700 G Street NW, Washington, DC 20552, and the
updated records schedule. Records in this system will be destroyed in
accordance with the related item number within the Consumer Education
and Engagement Records schedule. In addition, the Bureau is making non-
substantive revisions to the system of records notice to align with the
Office of Management
[[Page 3663]]
and Budget's recommended model in Circular A-108, appendix II.
The report of a modified system of records has been submitted to
the Committee on Oversight and 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 OMB
Circular A-108, ``Federal Agency Responsibilities for Review,
Reporting, and Publication under the Privacy Act'' (December 23,
2016),\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 Bureau 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 system of records entitled ``CFPB.021--Consumer Education and
Engagement Records'' is published in its entirety below.
SYSTEM NAME AND NUMBER:
CFPB.021--Consumer Education and Engagement Records.
SECURITY CLASSIFICATION:
This information system does not contain any classified information
or data.
SYSTEM LOCATION:
Bureau of Consumer Financial Protection, 1700 G Street NW,
Washington, DC 20552.
SYSTEM MANAGER(S):
Associate Director, Consumer Education and Engagement, Bureau of
Consumer Financial Protection, 1700 G Street NW, Washington, DC 20552;
(202) 257-9388.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, title X, sections 1013 and 1022, codified at 12
U.S.C. 5493 and 5512.
PURPOSE(S) OF THE SYSTEM:
The Act established functions within the Bureau (1) to develop and
implement initiatives to educate and empower consumers to make better
informed financial decisions; (2) to develop and implement a strategy
to improve the financial literacy of consumers, including access to
financial information, products and services; (3) to do research
regarding, among other things, (a) consumer awareness, understanding,
and use of disclosures and communications regarding consumer financial
products or services, (b) consumer awareness and understanding of and
decision-making relevant to costs, risks, and benefits of consumer
financial products or services, (c) consumer behavior with respect to
consumer financial products and services, (d) experiences of
traditionally underserved consumers, including un-banked and under-
banked consumers, and (e) best practices and effective methods, tools,
technology and strategies to educate and counsel seniors about personal
finance management. Consistent with these functions, the purpose of the
system is to enable the Bureau to identify and conduct effective
financial education programs and also to collect, research, and publish
certain information relevant to understanding and improving consumer
financial decision-making and well-being. Although this SORN describes
the information to be collected across many Bureau projects, for each
project the Bureau will collect only the information needed to
accomplish the specific purpose of that project. The information will
also be used for administrative purposes to ensure quality control,
performance, and improving management processes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are those who: Participate in
Bureau-sponsored or Bureau-funded financial education or financial
capability programs, including financial education campaigns; utilize
financial education web-tools or other financial education resources;
or participate in surveys or other research conducted by the Bureau or
by a third party, or by a third party on behalf of the Bureau.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system regarding the individuals described above may
include: (1) Contact information (name, phone numbers, email address);
(2) unique identifiers provided to government employees; (3)
information related to the participant's financial status including
bank account information, records of consumer financial transactions,
and credit report data; (4) information on consumer characteristics
collected in connection with financial education programs or the
consumer's business relationship with a third party; (5) bank account
information (for payment to survey participants); (6) other information
collected from or about consumers in response to surveys or other
research methods; (7) information relating to the effectiveness of
financial education programs or resources or access to financial
products or services; (8) Social Security number(s), when needed to
pull credit reports or otherwise connect data points across data
sources to understand consumer financial decision-making and well-being
and the effectiveness of financial education or financial capability
programs, resources, tools, or interventions; (9) biographic
information (e.g. race, ethnicity, date of birth, marital status,
education level, household composition information, citizenship status,
disability information, veteran status) in order to understand the
effectiveness of financial education or financial capability programs,
resources, tools, or interventions, as it relates to specific
populations; and (10) web analytics information that may be partially
identifiable, including records of access to Bureau managed websites or
resources including date(s) and time(s) of access, IP address of
access, logs of internet activity related to use of the site or
resource, the address that linked the user directly to the site or
resource, in order to understand and enhance the effectiveness or
usability of the site or resource.
RECORD SOURCE CATEGORIES:
Information in this system is obtained directly from the individual
who is the subject of these records, and/or from third parties,
including depository or non-depository institutions, credit reporting
agencies, counseling agencies or other businesses or organizations or
governmental entities involved in the markets for consumer financial
products or services or that provide financial education services.
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 Bureau
Disclosure of Records and Information Rules, promulgated at 12 CFR
1070, to:
(1) Appropriate agencies, entities, and persons when (a) the Bureau
suspects or has confirmed that there has been a breach of the system of
records; (b) the Bureau has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the Bureau (including its information systems, programs, and
operations), the Federal Government, or national security; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Bureau's efforts to respond
to the suspected or confirmed breach or to prevent, minimize, or remedy
such harm;
(2) Another Federal agency or Federal entity, when the Bureau
determines that information from this system of records
[[Page 3664]]
is reasonably necessary to assist the recipient agency or entity in (a)
responding to a suspected or confirmed breach or (b) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
(3) 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;
(4) 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;
(5) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains;
(6) Contractors, agents, or other authorized individuals performing
work on a contract, service, cooperative agreement, job, or other
activity on behalf of the Bureau or Federal Government and who have a
need to access the information in the performance of their duties or
activities;
(7) The U.S. Department of Justice (DOJ) for its use in providing
legal advice to the Bureau or in representing the Bureau 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
Bureau to be relevant and necessary to the advice or proceeding, and
such proceeding names as a party in interest:
(a) The Bureau;
(b) Any employee of the Bureau in his or her official capacity;
(c) Any employee of the Bureau in his or her individual capacity
where DOJ has agreed to represent the employee; or
(d) The United States, where the Bureau determines that litigation
is likely to affect the Bureau 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;
(9) 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;
(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; and
(11) Appropriate Federal, State, local, foreign, tribal or self-
regulatory organizations or agencies or private entities that partner
with the Bureau for research purposes.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and electronic records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by unique identifiers assigned to the
records for purposes of longitudinal updating or for connecting data
points across data sources, or by a variety of fields including,
without limitation, the individual's name and contact information,
identifying file number, or other information collected in response to
surveys or other research.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Per DAA-0587-2014-0006, the records in this system will be
destroyed in accordance with the related item number within the
Consumer Education and Engagement Records schedule.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.
RECORD ACCESS PROCEDURES:
An individual seeking access to any record pertaining to him or her
contained in this system of records may inquire in writing in
accordance with instructions in 12 CFR 1070.50 et seq. Address such
requests to: Chief Privacy Officer, Bureau of Consumer Financial
Protection, 1700 G Street NW, Washington, DC 20552. Instructions are
also provided on the Bureau website: https://www.consumerfinance.gov/foia-requests/submit-request/.
CONTESTING RECORD PROCEDURES:
An individual seeking to contest the content of any record
pertaining to him or her contained in this system of records may
inquire in writing in accordance with instructions appearing in the
Bureau's Disclosure of Records and Information Rules, promulgated at 12
CFR 1070.50 et seq. Address such requests to: Chief Privacy Officer,
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington,
DC 20552.
NOTIFICATION PROCEDURES:
An individual seeking notification whether any record contained in
this system of records pertains to him or her may inquire in writing in
accordance with instructions appearing in the Bureau's Disclosure of
Records and Information Rules, promulgated at 12 CFR 1070.50 et seq.
Address such requests to: Chief Privacy Officer, Bureau of Consumer
Financial Protection, 1700 G Street NW, Washington, DC 20552.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
77 FR 60382 (October 3, 2012); 79 FR 78839 (December 21, 2014); 83
FR 23435 (June 21, 2018).
Dated: November 27, 2019.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial
Protection.
[FR Doc. 2020-00130 Filed 1-21-20; 8:45 am]
BILLING CODE 4810-AM-P