[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Notices]
[Pages 53065-53067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13897]


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CONSUMER FINANCIAL PROTECTION BUREAU

[Docket No: CFPB-2024-0025]


Privacy Act of 1974; System of Records

AGENCY: Consumer Financial Protection Bureau.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Consumer Financial Protection Bureau (CFPB) proposes to modify Privacy 
Act System of Records ``CFPB.027--Emergency Notification System.'' This 
modified system will collect contact information from current employees 
and contractors of CFPB to be used in the event of an emergency. 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 July 25, 2024. The 
modified system of records will be effective August 5, 2024 unless the 
comments received results in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above Docket No. CFPB-2024-0025), 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-2024-0025 
in the subject line of the email.
     Mail/Hand Delivery/Courier: Kathryn Fong, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1700 G Street NW, 
Washington, DC 20552. Because paper mail in the Washington, DC area and 
at CFPB 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, Chief Privacy Officer, 
(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 CFPB is modifying its Privacy Act System 
of Records Notice (SORN) ``CFPB.027--Emergency Notification System'' to

[[Page 53066]]

update the ``Categories of Records in the System'' and ``Record Source 
Categories'' sections to note that due to the transition to a hybrid 
working environment, collection of personal contact information from 
individuals covered by the system is no longer voluntary as previously 
indicated. While the type and amount of personal contact information 
collected remains the same, the personal contact information is now 
automatically collected from an authoritative human resource system. 
The CFPB has also updated the ``Policies and Practices for Retention 
and Disposal of Records'' section to include a National Archives and 
Records Administration (NARA) approved schedule applicable to the 
records maintained in the system. Additionally, the ``Routine Uses'' 
section has been updated to include sharing with NARA for purposes of 
inspection, in accordance with applicable law. Furthermore, CFPB is 
making non-substantive revisions to the ``Policies and Practices for 
Storage of Records'' to eliminate duplication of the ``Administrative, 
Technical and Physical Safeguards'' section and throughout 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 (OMB), 
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 CFPB 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.027--Emergency Notification System.

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Physical Security Program Manager, Administrative Operations, 
Operations, Consumer Financial Protection Bureau, 1700 G Street NW, 
Washington, DC 20552.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 111-203, title X, sections 1012 and 1013, codified at 12 
U.S.C. 5492, 5493.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to maintain emergency 
contact information for CFPB personnel. The system provides for high-
speed message delivery that reaches all CFPB personnel in response to 
threat alerts issued by the Department of Homeland Security and/or 
local emergency officials regarding weather related emergencies, or 
other critical situations that disrupt the operations and accessibility 
of a worksite. The system also enables CFPB, emergency responders, and 
others to account for CFPB personnel during an emergency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include but are not limited to: 
(1) Current CFPB employees and (2) Individuals authorized to perform or 
use services provided in CFPB facilities including contractors, 
consultants, detailees, and interns.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained in the system include but are not limited to the 
following information: name, organization/office of assignment, and 
business and personal contact information, including address, phone 
number, and email address.

RECORD SOURCE CATEGORIES:
    Information in this system is automatically collected from an 
authoritative human resource system.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, and consistent with the CFPB's Disclosure 
of Records and Information Rules, promulgated at 12 CFR part 1070, all 
or a portion of the records or information contained in this system may 
be disclosed outside of the CFPB as a routine use to:
    (1) Appropriate agencies, entities, and persons when (a) the CFPB 
suspects or has confirmed that there has been a breach of the system of 
records; (b) the CFPB has determined that as a result of the suspected 
or confirmed breach there is a risk of harm to individuals, the CFPB 
(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 CFPB'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 CFPB 
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 CFPB 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 CFPB or in representing the CFPB 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 CFPB 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 CFPB;
    (b) Any employee of the CFPB in their official capacity;
    (c) Any employee of the CFPB in their individual capacity where DOJ 
has agreed to represent the employee; or

[[Page 53067]]

    (d) The United States, where the CFPB determines that litigation is 
likely to affect the CFPB or any of its components;
    (8) 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.
    (9) The National Archives and Records Administration or other 
Federal Government agencies pursuant to records management inspections 
being conduct under the authority of 44 U.S.C. 2904 and 2906.
    (10) 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; and
    (11) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The 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, email address, phone number, organization/office 
assignment, or by some combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The CFPB maintains records in accordance with the NARA approved 
General Records Schedule (GRS) 5.3--Employee emergency contact 
information, Item 020. Records retention policy is to destroy when 
superseded or obsolete, or upon separation or transfer of employee.

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 notification and 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 CFPB 
website: https://www.consumerfinance.gov/foia-requests/submit-request/.

CONTESTING RECORD PROCEDURES:
    See ``Access Procedures'' above.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    84 FR 52073.

Kathryn Fong,
Chief Privacy Officer, Consumer Financial Protection Bureau.
[FR Doc. 2024-13897 Filed 6-24-24; 8:45 am]
BILLING CODE 4810-AM-P