[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Pages 18041-18043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07091]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No: CFPB-2021-0002]


Privacy Act of 1974; System of Records

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of a modified system of records.

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SUMMARY: The Bureau of Consumer Financial Protection (CFPB or Bureau) 
established CFPB.029, Public Health and Safety System, a system of 
records under the Privacy Act of 1974. This system of records maintains 
information collected in response to a public health emergency or 
similar health and safety incident, such as a pandemic, epidemic, or 
man-made emergency, that is necessary to ensure a safe and healthy 
environment for individuals who are occupying CFPB facilities, 
attending CFPB-sponsored events, or otherwise engaged in official 
business on behalf of the Bureau. This notice was previously published 
in the Federal Register for public comment. Upon receipt and 
consideration of a public comment, the Supplementary Information is 
being edited to clarify legal requirements that apply to the system.

DATES: This modified system of records will be made effective upon 
publication of this notice as there are no changes to, or addition of 
routine uses.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above Docket No. CFPB-2021-0002), by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected].
     Mail/Hand Delivery/Courier: Tannaz Haddadi, Chief Privacy 
Officer, Bureau of Consumer Financial Protection, 1700 G Street NW, 
Washington, DC 20552. Please note that due to circumstances associated 
with the COVID-19 pandemic, the Bureau discourages the submission of 
comments by mail, hand delivery, or courier.
    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, once the Bureau's 
headquarters reopens, 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

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a.m. and 5 p.m. Eastern Time. At that time, you can make an appointment 
to inspect comments by telephoning (202) 435-7275. 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, Chief Privacy Officer, 
at (202) 435-7058. If you require this document in an alternative 
electronic format, please contact [email protected].

SUPPLEMENTARY INFORMATION: The Bureau is establishing CFPB.029, Public 
Health and Safety System, a system of records under the Privacy Act of 
1974. The Bureau is committed to providing all Bureau staff, visitors, 
and occupants of its facilities with a safe and healthy environment. To 
ensure and maintain the safety of all occupants during a public health 
emergency or similar health and safety incident, such as pandemic, 
epidemic, or man-made emergency, the Bureau may develop and institute 
additional safety measures that requires the collection of personal 
information. During public health emergencies, such as a pandemic or 
epidemic, the Bureau may need to institute safety measures such as 
tracing potential exposures and notifying individuals who may have come 
into contact with pathogens or other contagious agents or preventing 
the threat of or further exposure. These measures may require Bureau 
staff, visitors, and other occupants of CFPB spaces to provide 
information about such exposures or their general health before being 
allowed access or continue to access a Bureau facility, space, or 
worksite. During man-made emergencies, such as the intentional or 
accidental release of hazardous materials or agents (e.g., chemical, 
biological, radioactive, or nuclear materials), the Bureau may 
institute similar measures to trace potential exposure prior to 
granting staff, visitors, or other occupants access or continued access 
to Bureau facilities in an effort to prevent further exposure. 
Information will be collected, maintained, and disclosed in accordance 
with applicable law, regulations, and statutes, including, but not 
limited to, the Rehabilitation Act, the Genetic Information 
Nondiscrimination Act, and regulations and guidance published by the 
U.S. Occupational Safety and Health Administration, the U.S. Equal 
Employment Opportunity Commission, and the U.S. Centers for Disease 
Control and Prevention.

SYSTEM NAME AND NUMBER:
    CFPB.029, Public Health and Safety System.

SECURITY CLASSIFICATION:
    Unclassified.

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

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

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    29 U.S.C. 668; E.O. 12196, Occupational Safety and Health Programs 
for Federal Employees (Feb. 26, 1980); E.O. 12656, Assignment of 
Emergency Preparedness Responsibilities (Nov. 18, 1988); 29 U.S.C. 791 
et seq.; 12 U.S.C. 5492.

PURPOSE(S) OF THE SYSTEM:
    The information in this system is collected to maintain a safe and 
healthy environment in Bureau spaces and facilities and to protect 
Bureau staff, visitors, or occupants from risks associated with a 
public health emergency or similar health and safety incident, such as 
pandemic, epidemic, or man-made emergency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include Bureau staff (political 
appointees, employees, contractors, consultants, interns, and 
volunteers), visitors, and occupants who access or seek to access 
Bureau facility, space, or worksite or individuals otherwise engaged in 
official business on behalf of the Bureau. The system also covers 
individuals identified as emergency contacts for Bureau staff.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains information collected about Bureau staff, 
visitors, and occupants that will help the Bureau trace potential 
exposures and notify individuals who may have come into contact with a 
pathogen, contagious agent, or other hazardous materials due to a 
public health or man-made emergency. The information collected and 
maintained by the system about those individuals may include, but is 
not limited to, their name, contact information, employee 
identification number (if applicable), the dates when they visited the 
facility, space, or worksite, whether they may have potentially come 
into contact with the pathogen or other hazardous materials or agents, 
dates the Bureau was made aware of the exposure, the locations that 
they visited within the facility, space, or worksite (e.g., office and/
or cubicle number), and the duration of time spent in the facility, 
space, or worksite. The Bureau may collect information to assess or 
ensure the health and safety of the facility, space, or worksite prior 
to allowing access to Bureau staff, visitors, or occupants as a result 
of these emergencies. This information may vary depending on the nature 
of the specific emergency or event and may include, but is not limited 
to recent travel dates and location, temperature, symptoms or related 
diagnosis, or other medical, heath, or safety information related to 
the event or emergency, which would be collected and maintained in 
accordance with applicable laws and regulations. The system may also 
include information related to subsequent actions taken by the Bureau 
or building management to address the incident. Furthermore, the system 
includes the name, phone number, and email address of individuals 
identified as emergency contacts for Bureau staff.

RECORD SOURCE CATEGORIES:
    The information in this system in part is collected directly from 
the individual or from the individual's emergency contact. Information 
may also be collected from security systems that monitor access to 
Bureau facilities, such as badging systems, video surveillance, human 
resources systems, and emergency notification systems. Information may 
also be collected from property management companies responsible for 
managing office buildings that house Bureau facilities and spaces.

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

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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 Executive 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 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 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 national, State, tribal, local, or territorial 
public health entities responsible for infection prevention and 
control, testing, community mitigation, surveillance and data 
analytics, and tracing of exposures in their respective jurisdictions;
    (11) Appropriate agencies, entities, and persons to the extent 
necessary to obtain information relevant to current and former Bureau 
employees' benefits, compensation, and employment;
    (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, or license, if the information is 
relevant to and indicates a violation or a potential violation of civil 
or criminal law, rule, regulation, order, or license within the 
responsibilities of the recipient agency; and
    (13) Bureau staff, visitors, emergency contacts, or others to the 
extent necessary to locate an individual during a public health or 
safety emergency, trace potential exposures, and/or notify individuals 
who may have come into contact with the pathogen or hazardous agent or 
material as a result of accessing or visiting a CFPB facility, space, 
or worksite.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The records are maintained in paper and electronic media. 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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, without 
limitation, the individual's name, contact information, or by some 
combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Bureau will maintain electronic and paper records indefinitely 
until the National Archives and Records Administration (NARA) approves 
the CFPB's records disposition 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:
    Individuals seeking access to any record 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:
    Individuals seeking to contest the content of any record 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/privacy/amending-and-correcting-records-under-privacy-act/.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    86 FR 8770 (February 9, 2021).

    Dated: April 1, 2021.
Ren Essene,
Senior Agency Official for Privacy, Bureau of Consumer Financial 
Protection.
[FR Doc. 2021-07091 Filed 4-6-21; 8:45 am]
BILLING CODE 4810-AM-P