[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3659-3662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00139]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2020-0003]


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 carry out its responsibilities with 
respect to non-depository covered persons and service providers, 
including the coordination and conduct of examinations, supervisory 
evaluations and analyses, enforcement actions, actions in Federal 
court, and coordination with other financial regulatory agencies. The 
Bureau is modifying the system of records in order to update 
descriptions

[[Page 3660]]

of the system location; the system manager; the address whereby a 
member of the public can request access to records, contest records, or 
request notification whether a system contains a record pertaining to 
him or her; 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.003--
Non-depository Supervision Database,'' will collect information to 
enable the Bureau to carry out its responsibilities with respect to 
non-depository covered persons and service providers, including the 
coordination and conduct of examinations, supervisory evaluations and 
analyses, enforcement actions, actions in Federal court, and 
coordination with other financial regulatory agencies. 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, record access, contesting record and notification 
procedures, and the policies and practices for retention and disposal 
of records. 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 7 years after cutoff. In addition, the Bureau is making 
non-substantive revisions to the system of records notice to align with 
the Office of Management 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.003--Non-depository 
Supervision Database'' is published in its entirety below.

SYSTEM NAME AND NUMBER:
    CFPB.003--Non-depository Supervision Database.

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):
    Assistant Director of Nonbank Supervision, Bureau of Consumer 
Financial Protection, 1700 G Street NW, Washington, DC 20552; (202) 
435-7923.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, title X, sections 1011, 1012, 1021, 1024, 
codified at 12 U.S.C. 5491, 5492, 5511, 5514.

PURPOSE(S) OF THE SYSTEM:
    The information in the system is being collected to enable the 
Bureau to carry out its responsibilities with respect to non-depository 
covered persons and service providers, including the coordination and 
conduct of examinations, supervisory evaluations and analyses, 
enforcement actions, actions in Federal court, and coordination with 
other financial regulatory agencies. The information collected in this 
system will also support the conduct of investigations or be used as 
evidence by the Bureau or other supervisory or law enforcement 
agencies. This may result in criminal referrals, referral to the 
Federal Reserve Office of Inspector General, or the initiation of 
administrative or Federal court actions. This system will track and 
store examination and inspection documents created during the 
performance of the Bureau's statutory duties. This system also will 
enable the Bureau to monitor and coordinate regular examinations and 
required reports, supervisory evaluations and analyses, and enforcement 
actions internally and with other Federal and state regulators. 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: (1) Individuals who 
themselves are current and former directors, officers, employees, 
agents, shareholders, and independent contractors of non-depository 
covered persons subject to the supervision of the Bureau; (2) Current 
and former consumers who are or have been in the past serviced by non-
depository covered persons subject to the supervision of the Bureau; 
and (3) Bureau employees assigned to supervise non-depository covered 
persons. Information collected regarding consumer products and services 
is subject to the Privacy Act only to the extent that it concerns 
individuals; information pertaining to corporations and other 
organizations is not subject to the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system may contain information provided by a 
covered person, by individuals who are or have been serviced by a 
covered person, or other governmental authorities, to the

[[Page 3661]]

Bureau in the exercise of the Bureau's responsibilities and used to 
assess a covered person's compliance with various statutory and 
regulatory obligations. This information may include, without 
limitation, reports of examinations and associated documentation 
regarding compliance with consumer financial law; documents assessing 
the current and past safety and soundness/risk management of a covered 
person or service provider; reports of consumer complaints; and 
correspondence relating to any category of information discussed above 
and actions taken to remedy deficiencies in these areas. Information 
contained in the Non-depository Supervision Database is 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, law enforcement agencies, and related 
entities; (3) third-parties with relevant information about covered 
persons or service providers; and (4) information generated by Bureau 
employees. Whenever practicable, the Bureau will collect information 
about an individual directly from that individual.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from covered persons subject 
to the Bureau's authority, and current, former, and prospective 
consumers who are or have been customers or prospective customers of 
covered persons, and others with information relevant to the 
enforcement of Federal consumer financial laws.

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's 
Disclosure of Records and Information Rules, promulgated at 12 CFR part 
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 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) 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 Bureau staff to 
assist in the conduct of agency matters;
    (8) 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 in 
the case of a proceeding, 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;
    (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) 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;
    (11) 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;
    (12) 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
    (13) An entity or person that is the subject of supervision or 
enforcement activities including examinations, investigations, 
administrative proceedings, and litigation, and the attorney or non-
attorney representative for that entity or person.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic records.

[[Page 3662]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, but not 
limited to, the individual's name, complaint/inquiry case number, 
address, account number, transaction number, phone number, date of 
birth, or by some combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per DAA-0587-2013-0008, records in this system will be destroyed 7 
years after cutoff.

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:
    Portions of the records in this system are compiled for law 
enforcement purposes and are exempt from disclosure under Bureau's 
Privacy Act regulations and 5 U.S.C. 552a(k)(2). Federal criminal law 
enforcement investigatory reports maintained as part of this system may 
be the subject of exemptions imposed by the originating agency pursuant 
to 5 U.S.C. 552a(j)(2).

HISTORY:
    76 FR 45761 (August 01, 2011); 83 FR 23435 (May 21, 2018).

    Dated: November 27, 2019.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial 
Protection.
[FR Doc. 2020-00139 Filed 1-21-20; 8:45 am]
 BILLING CODE 4810-AM-P