[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7690-7692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02448]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2023-0012]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of a modified System of Records; comment request.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Consumer Financial Protection Bureau (Bureau), gives notice of the
establishment of a revised Privacy Act System of Records. This revised
system will collect information to enable the Bureau to carry out its
responsibilities with respect to enforcement of title X of the Dodd-
Frank Wall Street Reform and Consumer Protection Act and other Federal
consumer financial law, including: The investigation of potential
violations of Federal consumer financial law; the pursuit of
administrative or civil enforcement actions; and the referral of
matters, as appropriate, to the Department of Justice or other Federal
or State agencies. The information will also be used for administrative
purposes to ensure quality control, performance, and improving
management processes.
DATES: Comments must be received no later than March 8, 2023. The
modified system of records will be effective March 20, 2023 unless the
comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by the title and docket
number (see above Docket No. CFPB-2023-0012), by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include Docket No. CFPB-2023-0012
in the subject line of the email.
Mail/Hand Delivery/Courier: Kathryn Fong, Acting Chief
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street
NW, Washington, DC 20552. Because paper mail in the Washington, DC area
and at the Bureau is subject to delay, commenters are encouraged to
submit comments electronically.
All submissions must include the agency name and docket number for
this notice. In general, all comments received will be posted without
change to https://www.regulations.gov. 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. Sensitive
personal information, such as account numbers or Social Security
numbers, should not be included.
FOR FURTHER INFORMATION CONTACT: Kathryn Fong, Acting Chief Privacy
Officer, at (202) 435-7084. If you require this document in an
alternative electronic format, please contact
[email protected]. Please do not submit comments to this
email box.
SUPPLEMENTARY INFORMATION: The Bureau revises its Privacy Act System of
Records Notice (SORN) ``CFPB.004--Enforcement Database'' to include the
exemptions promulgated for the system that were inadvertently omitted
when the SORN was last modified. In addition, the Bureau is updating
the policies and practices for retention and disposition of records by
identifying a National Archives and Records Administration (NARA)
approved schedule applicable to the records maintained in the system.
Furthermore, the Bureau is making non-substantive revisions to the SORN
to align with the Office of Management and Budget's recommended model
in Circular A-108, Appendix II.
The report of the revised system of records has been submitted to
the Committee on Oversight and Government 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'' (Dec.
2016),\1\ and the Privacy Act of 1974, 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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SYSTEM NAME AND NUMBER:
CFPB.004--Enforcement Database.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1700 G Street NW, Washington,
DC 20552.
SYSTEM MANAGER(S):
Consumer Financial Protection Bureau, Chief Operating Officer, 1700
G Street NW, Washington, DC 20552.
[[Page 7691]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, title X, sections 1011, 1012, 1021 codified at
12 U.S.C. 5491, 5492, 5511.
PURPOSE(S) OF THE SYSTEM:
The system will collect information to enable the Bureau to: (1)
Investigate potential violations of Federal consumer financial law; (2)
pursue administrative or civil enforcement actions; and (3) refer
matters, as appropriate, to the Department of Justice or other Federal
or State agencies. 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:
Covered individuals include: (1) Individuals who are current or
former directors, officers, employees, shareholders agents, and
independent contractors of covered persons or service providers, who
are or have been the subjects of or otherwise associated with an
investigation or enforcement action by the Bureau or have been named in
connection with suspicious activity reports or administrative
enforcement orders or agreement. Covered persons and service providers
include banks, savings associations, credit unions, thrifts, non-
depository institutions, or other persons, offering, providing, or
assisting with the provision of consumer financial products or
services. (2) Current, former, and prospective consumers who are or
have been customers or prospective customers of, solicited by, or
serviced by covered persons or service providers if such individuals
have provided information, including complaints about covered persons
or service providers, or are or have been witnesses in or otherwise
associated with an enforcement action by the Bureau. (3) Applicants,
current and former directors, officers, employees, shareholders,
agents, and independent contractors of persons and entities that have
business relationships with covered persons or service providers who
are or have been the subject of an enforcement action by the Bureau.
(4) Current, former, and prospective customers of persons and entities
that have business relationships with covered persons or service
providers that are or have been the subject of an enforcement action by
the Bureau, and the customers are complainants against covered persons
or service providers, or witnesses in or otherwise associated with an
enforcement action. (5) Other individuals who have inquired about or
may have information relevant to an investigation or proceeding
concerning a possible violation of Federal consumer financial law.
Information collected regarding consumer financial products and
services is subject to the Privacy Act only to the extent that it
concerns individuals; information pertaining to corporations and other
business entities and aggregate, non-identifiable information is not
subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in the system may contain: Identifiable
information about individuals such as name, address, email address,
phone number, social security number, employment status, age, date of
birth, financial information, credit information, and personal history.
Records in this system are collected and generated during the
investigation of potential violations and enforcement of laws and
regulations under the jurisdiction of the Bureau and may include (1)
Records provided to the Bureau about potential or pending
investigations, administrative proceedings, and civil litigation; (2)
evidentiary materials gathered or prepared by the Bureau or obtained
for use in investigations, proceedings, or litigation, and work product
derived from or related thereto; (3) staff working papers, memoranda,
analyses, databases, and other records and work product relating to
possible or actual investigations, proceedings, or litigation; (4)
databases, correspondence, and reports tracking the initiation, status,
and closing of investigations, proceedings, and litigation; (5)
correspondence and materials used by the Bureau to refer criminal and
other matters to the appropriate agency or authority, and records
reflecting the status of any outstanding referrals; (6) correspondence
and materials shared between the Bureau and other Federal and State
agencies; (7) consumer complaints made or referred to the Bureau.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from banks, savings
association, credit unions, or non-depository institutions or other
persons offering or providing consumer financial products or services,
current, former, and prospective consumers who are or have been
customers or prospective employees and agents of such persons, and
current, former, and prospective customers of such entities and
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 in the title of
the CFR 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 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) Any authorized agency or component of the Department of
Treasury, the Department of Justice (DOJ), the Board of Governors of
the Federal Reserve System, the Federal Deposit Insurance Corporation
or other
[[Page 7692]]
law enforcement authorities including disclosure by such authorities:
(a) 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 whom the DOJ 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 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 before which the Bureau is
authorized to appear, where the use of such information by the DOJ is
deemed by the Bureau to be relevant and necessary to the litigation,
and such proceeding names as a party or interests:
(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 during
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:
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.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by a variety of fields including, without
limitation, the individual's name, address, account number, social
security number, transaction number, phone number, date of birth, or by
some combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The Bureau maintains records in accordance with a National Archives
and Records Administration (NARA) approved schedule. The records are
covered in item 1 of the NARA approved Records Disposition Authority
for Enforcement. The disposition of these records is temporary and are
destroyed or deleted six months after the end of the calendar year when
the record is created. The longest retention period would total 18
months if the information is no longer needed to support a Bureau
activity. If the record is being used for a specific matter, then it
becomes a matter record and is subject to the disposition schedule as
it applies to that matter, which can range from one year beyond the
year created to permanently archived for historically significant
cases. Per NI-587-12-8, records in this system will be destroyed 15
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:
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,
Consumer Financial Protection Bureau, 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, Consumer Financial Protection Bureau, 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:
Portions of the records in this system are compiled for law
enforcement purposes and are exempt from disclosure under CFPB'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 45757 (Aug. 1, 2011); 79 FR 6190 (Feb. 3, 2014); 83 FR 23435
(May 21, 2018); 85 FR 3652 (Jan. 22, 2020).
Tannaz Haddadi,
Senior Agency Official for Privacy, Consumer Financial Protection
Bureau.
[FR Doc. 2023-02448 Filed 2-3-23; 8:45 am]
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