[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45763-45765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19425]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
Privacy Act of 1974, as Amended
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of Proposed 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 (``CFPB'') or the ``Bureau'' gives
notice of the establishment of a Privacy Act System of Records.
DATES: Comments must be received no later than August 31, 2011. The new
system of records will be effective September 12, 2011 unless the
comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0015, by any of the following methods:
Electronic: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail or Hand Delivery/Courier in Lieu of Mail: Claire
Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau,
1801 L Street, NW., Washington, DC 20036.
All submissions must include the agency name and docket number or
Regulatory Information Number (RIN) 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 1801 L St., NW., Washington, DC 20036, 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) 435-7220. 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: Claire Stapleton, Chief Privacy
Officer Consumer Financial Protection Bureau, 1801 L Street, NW.,
Washington, DC 20036, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Act''), Public Law No. 111-203, Title X,
established the CFPB to administer and enforce Federal consumer
financial protection law. The CFPB will maintain the records covered by
this notice.
The new system of records described in this notice, CFPB.007--
Directory Database, will provide the CFPB with a single, agency-wide
repository of identifying and registration information concerning
entities offering or providing, or materially assisting in the offering
or provision of, consumer financial products or services. By ensuring
the use of consistent information across the agency, the Directory
Database will enable the CFPB to carry out its supervisory,
enforcement, and regulatory authorities in an efficient and effective
manner. A description of the new system of records follows this Notice.
The report of a new 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
[[Page 45764]]
Governmental Affairs of the Senate, and the Office of Management and
Budget, pursuant to Appendix I to OMB Circular A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).
The system of records entitled, ``CFPB.007--Directory Database'' is
published in its entirety below.
Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.007
System Name:
CFPB Directory Database.
System Location:
Consumer Financial Protection Bureau, 1801 L Street, NW.,
Washington, DC 20036.
Categories of individuals covered by the system:
Individuals covered by this system are: (1) Individuals who
directly, indirectly, or acting through or concert with one or more
other individuals, own or control an entity offering or providing, or
materially assisting in the offering or provision of, consumer
financial products or services (collectively, ``covered persons'' and
``service providers''); (2) current and former directors, officers,
employees, shareholders, agents, and independent contractors of such
entities; (3) other related persons, as necessary, including without
limitation, persons who have personal financial arrangements with
covered persons, representatives or counsel of covered persons or
related persons; and (4) individuals who provide information on covered
persons or entities such as employees of state attorneys general
offices. Information contained in the Directory Database 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 this system may contain, without limitation,
the following types of personally identifiable information: name,
address, e-mail address, phone number, social security number, alien
registration number, passport number, driver's license or state
identification number, or other unique number used to establish
identity of the owner or controlling person, employment status, age,
gender, ethnicity, and date of birth. Additionally, records may contain
information relating to the business activities and transactions of
covered persons and entities and their associated persons. Other
information may include without limitation: name, location, charter
number, charter type, and date of last examination of each entity and
the types of financial products offered by each organization.
Information contained in the Directory Database will be 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, agencies, and related entities; (3) third-
parties with relevant information about covered persons or services
providers; and (4) information generated by CFPB employees. Whenever
practicable, the CFPB will collect information about an individual
directly from that individual.
Authority for maintenance of the system:
Pub. L. No. 111-203, Title X, Sections 1011, 1012, 1021, codified
at 12 U.S.C. 5491, 5492, 5511.\1\
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\1\ Section 1066 of the Act grants the Secretary of the Treasury
interim authority to perform certain functions of the CFPB. Pursuant
to that authority, Treasury published rules on the Disclosure of
Records and Information within 12 CFR Chapter X. This SORN is
published pursuant to those rules and the Privacy Act.
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Purpose(s):
The information in the system is being collected to create an
agency-wide repository of identifying and registration information
concerning entities and their affiliates offering or providing, or
materially assisting in the offering or provision of, consumer
financial products or services. By ensuring the use of consistent
information across the agency, the Directory Database will enable the
CFPB to carry out its supervisory, enforcement, and regulatory
authorities in an efficient and effective manner.
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 CFPB Disclosure
of Records and Information Rules promulgated in the title of the CFR
to:
(1) Appropriate agencies, entities, and persons when: (a) The CFPB
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) the CFPB
has determined that, as a result of the suspected or confirmed
compromise, there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by the CFPB or
another agency or entity) that rely upon the compromised information;
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 compromise and prevent, minimize,
or remedy such harm;
(2) 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;
(3) 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;
(4) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains;
(5) 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;
(6) 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 CFPB staff to assist in the conduct of agency matters;
(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,
[[Page 45765]]
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 his or her official capacity;
(c) Any employee of the CFPB in his or her individual capacity
where DOJ or the CFPB has agreed to represent the employee; or
(d) The United States, where the CFPB determines that litigation is
likely to affect the CFPB or any of its components;
(8) 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;
(9) 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; and
(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.
Policies and practices for storing, retrieving, accessing, retaining,
and dispensing of records in the system:
Storage:
Paper and electronic records.
Retrievability:
Records are retrievable by a variety of fields including without
limitation the individual's name, social security number, passport
number, driver's license or state identification number, or other
unique number used to establish identity of the owner or controlling
person, address, account number, phone number, or by some combination
thereof.
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.
Retention and disposal:
The CFPB will maintain computer and paper records indefinitely
until the National Archives and Records Administration approves the
CFPB's records disposition schedule.
System manager(s) and address:
Consumer Financial Protection Bureau, Chief Technology Officer,
1801 L Street, NW., Washington, DC 20036.
Notification procedure:
Individuals seeking notification and access to any record contained
in this system of records, or seeking to contest its content, may
inquire in writing in accordance with instructions appearing in Title
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.''
Address such requests to: Chief Privacy Officer, Bureau of Consumer
Financial Protection, 1801 L St., NW., Washington, DC 20036.
Record access procedures:
See ``Notification Procedures'' above.
Contesting record procedures:
See ``Notification Procedures'' above.
Record source categories:
Information in this system is obtained from entities offering or
providing consumer financial products or services.
Exemptions claimed for the system:
None.
[FR Doc. 2011-19425 Filed 7-29-11; 8:45 am]
BILLING CODE 4810-25-P