[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Notices]
[Pages 11974-11976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02629]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No CFPB-2020-0011]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of a new 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
establishment of a Privacy Act System of Records. The Federal Document
Management System (FDMS) provides the Bureau with the ability to
electronically access and manage its rulemaking dockets and other
dockets related to documents published in the Federal Register
requesting public comment, including public comments or supporting
materials and allows the public to find and review such materials on
Regulations.gov.
DATES: Comments must be received no later than March 30, 2020. The new
system of records will be effective on February 28, 2020, with the
exception of the routine uses. The routine uses will not be effective
until March 30, 2020, pending public comment.
ADDRESSES: You may submit comments, identified by Docket No. CFPB-2020-
0011, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail/Hand Delivery/Courier: Tannaz Haddadi, Acting Chief
Privacy Officer, Consumer Financial Protection Bureau, 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
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can make an appointment to inspect comments by telephoning (202) 435-
9169. 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, (202) 435-7058. If you require this document in an alternative
electronic format, please contact [email protected].
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 system of records described in this notice, ``CFPB.028--Federal
Document Management System'' will collect information to enable the
Bureau to electronically access and manage its rulemaking dockets, or
other dockets, related to documents published in the Federal Register
requesting public comment, including public comments or supporting
materials and allows the public to find and review such materials on
Regulations.gov.
The report of a new 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.028--Federal Docket
Management System'' is published in its entirety below.
SYSTEM NAME AND NUMBER:
CFPB.028--Federal Docket Management System.
SECURITY CLASSIFICATION:
This system does not contain any classified information or data.
SYSTEM LOCATION:
Primary location: Bureau of Consumer Financial Protection, 1700 G
Street NW, Washington, DC 20552.
Third-Party Service Provider: General Services Administration, 1800
F Street NW, Washington, DC 20405.
SYSTEM MANAGER(S):
Associate Executive Secretariat, Bureau of Consumer Financial
Protection, 1700 G Street NW, Washington, DC 20552; (202) 435-9169.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, title X, sections 1013, 1021, 1022, codified at
12 U.S.C. 5492, 5511, 5512.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to maintain and organize
comments submitted to the Bureau in response to Bureau documents
published in the Federal Register requesting public comment. It permits
the Bureau to identify submitters in order to potentially communicate
with them as appropriate and necessary, such as seeking clarification,
providing a direct response if warranted, or other such needs
associated with a rulemaking or notice process. The system also
provides the public with a central online location, via
www.Regulations.gov, to search, view, download, and comment on Bureau
documents published in the Federal Register requesting public comment
and view other comments the Bureau may have received.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system covers individuals who provide personal information
while submitting a public comment, potentially including attachments,
to a Bureau docket.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information submitted by public comment may include full name,
affiliated organization, postal address, email address, phone and fax
number, and name of any individual serving as a representative for the
individual submitting the comment.
RECORD SOURCE CATEGORIES:
Information in this system is posted by the Bureau or submitted by
individuals and organizations who file public comments, including
supporting materials, in response to Bureau documents published in the
Federal Register requesting public comment.
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) 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;
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(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 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;
(9) 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;
(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;
(11) The public or certain stakeholders in the form of Bureau
documents, including final rules or reports, that use, consider, or
discuss comments received by the Bureau; or
(12) The General Services Administration (GSA) for its use in
management of the e-Rulemaking Program.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by a variety of fields including, but not
limited to, Name of the individual or entity submitting a comment or
supporting material, Contact Information submitted in or as part of a
comment, Agency, Docket Type, Docket Sub-Type, Agency Docket ID, Docket
Title, Docket Category, Document Type, CFR Part, Date Comment Received,
and Federal Register Published Date.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Dockets are considered permanent records and transferred to the
National Archives and Records Administration after fifteen years.
Individual comments on rulemaking are temporary records that are
destroyed after being uploaded into the FDMS and validated. Hard copies
of comments that are mailed to the Bureau are transferred to an offsite
location for destruction after they are scanned, uploaded to the FDMS,
and validated.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to electronic records is restricted to authorized personnel
who have been issued non-transferrable access codes and passwords. Hard
copies of records received directly by the Bureau are properly
safeguarded and maintained in controlled access storage on-site at the
Bureau or at an offsite location before destruction.
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 in 12 CFR 1070.50 et
seq. Address such requests to: Chief Privacy Officer, Consumer
Financial Protection Bureau, 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 in 12 CFR 1070.50 et seq. Address such
requests to: Chief Privacy Officer, Consumer Financial Protection
Bureau, 1700 G Street NW, Washington, DC 20552.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This is a new system of records.
Dated: January 24, 2020.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial
Protection.
[FR Doc. 2020-02629 Filed 2-27-20; 8:45 am]
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