[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68396-68399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28596]
-----------------------------------------------------------------------
BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No. CFPB-2011-0018]
Privacy Act of 1974, as Amended
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of Modified Privacy Act System of Records.
-----------------------------------------------------------------------
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'') gives notice of the
establishment of a Privacy Act System of Records.
[[Page 68397]]
DATES: Comments must be received no later than December 5, 2011. The
system of records will be effective December 14, 2011 unless the
comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0018, by any of the following methods:
Electronic: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Claire Stapleton, Chief Privacy Officer, Consumer
Financial Protection Bureau, 1700 G Street NW., Washington, DC 20006.
Hand Delivery/Courier in Lieu of Mail: Claire Stapleton,
Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G
Street NW., Washington, DC 20006.
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 20006, 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, 1700 G Street NW.,
Washington, DC 20006, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Financial Protection Act (``Act''), Public Law 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 system of records described in this notice, CFPB.005--Consumer
Response System, will be used to collect, respond to, and refer
consumer inquiries and complaints concerning consumer financial
products and services received after July 21, 2011. A description of
the system of records follows this Notice.
The report of a modified 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 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.005--Consumer Response
System'' is published in its entirety below.
The CFPB implementation team under Treasury previously published a
system of records notice (``SORN'') with proposed routine uses for the
Consumer Inquiry and Complaint System (``CIC'') in the Federal
Register, 76 FR 1507, January 10, 2011. Comments were invited from the
public on the SORN. This notice takes into account these comments and
establishes the modified system of records.
The CFPB received several comments regarding the ``routine uses''
set forth in that SORN. The CFPB has carefully reviewed these comments
and has revised the routine uses contained in this SORN, as
appropriate. In some cases the routine uses have been eliminated or
combined. In the previous SORN, there were 16 routine uses, while this
SORN only has 12. In addition, the CFPB has clarified that the system
may include complaints about individuals made directly to the CFPB and
not merely complaints about individuals made to other federal or state
agencies and then shared with the CFPB.
Some comments discussed the need for further agency rulemaking, and
development of other procedures and practices. The CFPB has published
interim final regulations on information disclosure processes and
procedures. Disclosures of information contained in a system of records
must be in compliance with these interim final regulations. As the CFPB
continues to develop its policies, procedures, and regulations as
required by the Act, it will address other issues raised in the
comments, including the procedures surrounding the handling of consumer
complaints as required by Section 1034 of the Act.
Several comments characterized the routine uses as too broad and
inclusive. Each of the routine uses listed here reflect the Bureau's
careful and considered determination that the sharing of consumer
response information in these situations is necessary and proper to
carry out the agency's mission. Many of the routine uses are common to
other agencies. For example, the Federal Deposit Insurance
Corporation's Consumer Complaint and Inquiry Records SORN, published at
72 FR 61136, Oct. 29, 2007, and the Office of the Comptroller of the
Currency's Consumer Complaint and Inquiry Information System, published
at 73 FR 41412, July 18, 2008, contain routine uses similar to the
routine uses set forth in this SORN. Indeed several routine uses, such
as disclosure of information when there has been a security breach that
could present a risk of harm to the security or integrity of the system
or individuals, are common to all government agency SORNs.
One comment objected to the disclosure of information to third
parties to resolve complaints. This routine use remains as the CFPB
believes it is necessary to resolve complaints and it is common to
other financial regulators' consumer complaint SORNs.
One routine use established in the previous CFPB SORN addressing
consumer complaint data has been removed based on comments received.
Disclosure of consumer complaints to other consumers who filed similar
complaints was formerly authorized for the purpose of updating
complainants on the status of an investigation. Following the comments
received, the CFPB determined it was not necessary to disclose this
information to achieve the goals of updating all parties on the status
ongoing investigations.
One comment also objected to the use of the word ``victim'' as
overly broad. Any references to ``victim'' have been removed.
The previous consumer complaint SORN contained separate routine
uses for disclosure of records in civil and criminal proceedings before
a court, magistrate or administrative tribunal. These routine uses have
been combined.
Dated: October 31, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.005
System Name:
CFPB Consumer Response System.
System Location:
Consumer Financial Protection Bureau, 1700 G Street NW.,
Washington, DC 20006.
Categories of individuals covered by the system:
Individuals covered by this system are individuals who submit
complaints or inquiries to the CFPB (on their own or others' behalf);
individuals on whose behalf complaints or inquiries are submitted by
others (such as attorneys, members of Congress, third party advocates,
and/or other governmental organizations); and individuals or employees
of entities about whom
[[Page 68398]]
complaints or inquiries have been received by prudential regulators,
the Federal Trade Commission, other federal agencies, state agencies or
the CFPB. The term ``prudential regulators'' refers to any federal
banking agency, as that term is defined in section 3 of the Federal
Deposit Insurance Act, and the National Credit Union Administration.
Information collected regarding consumer 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 organizations is not subject to the Privacy Act.
Categories of records in the system:
Records in the system may contain: (1) Correspondence or other
information received; (2) information from the entity or individual
referring the inquiry or complaint; (3) records created of verbal
communications by or with complainants or other individuals; (4)
information regarding third party advocates or others who submit
complaints or inquiries on another's behalf; (5) information
identifying the entity that is subject to the complaint or inquiry or
its employees; (6) communication with or by the entity that is subject
to the complaint or inquiry or its employees; (7) unique identifiers,
codes, and descriptors categorizing each complaint or inquiry file; (8)
information about how complaints or inquiries were responded to or
referred, including any resolution; (9) records used to respond to or
refer complaints or inquiries, including information in the CFPB's
other systems of records; and (10) identifiable information regarding
both the individual who is making the inquiry or complaint, and the
individual on whose behalf such inquiry or complaint is made, and
employees of the entity about which the complaint or inquiry was made,
including name, social security number, account numbers, address, phone
number, email address, date of birth.
Authority for maintenance of the system:
Pub. L. 111-203, Title X, Sections 1011, 1012, 1013(b)(3), 1021,
1034, codified at 12 U.S.C. 5491, 5492, 5493(b)(3), 5511, 5534.\1\
---------------------------------------------------------------------------
\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 interim final 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.
---------------------------------------------------------------------------
Purpose(s):
The information in the system is being collected to enable the CFPB
to receive, respond to, and refer complaints or inquiries regarding
consumer financial products or services. The system serves as a record
of the complaint or inquiry, and is used for collecting complaint or
inquiry data; responding to or referring the complaint or inquiry;
aggregating data that will be used to inform other functions of the
CFPB and, as appropriate, other agencies and/or the public; and
preparing reports as required by law. This system consists of
complaints or inquiries received by the CFPB or other entities and
information concerning responses to or referrals of these complaints or
inquiries, as appropriate.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses to:
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) 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 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;
(7) 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;
(8) Appropriate agencies, entities, and persons, to the extent
necessary to obtain information needed to investigate, resolve,
respond, or refer to a complaint or inquiry;
(9) 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;
(10) An entity or person that is the subject of the complaint or
inquiry and the counsel or non-attorney representative for that entity
or person; and
(11) Federal and state agencies for the purpose of facilitating the
data sharing requirements described in 12 U.S.C. 5493(b)(3)(D)
concerning consumer financial products and services complaints.
[[Page 68399]]
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, complaint/
inquiry case number, address, account number, transaction number, phone
number, date of birth, 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:
The Consumer Financial Protection Bureau, Assistant Director of
Response Center, 1700 G Street NW., Washington, DC 20006.
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, 1700 G Street NW., Washington, DC 20006.
Record access procedures:
See ``Notification Procedures'' above.
Contesting record procedures:
See ``Notification Procedures'' above.
Record source categories:
Information in this system is obtained from individuals and
entities filing complaints and inquiries, other governmental
authorities, and entities that are the subjects of complaints and
inquiries.
Exemptions claimed for the system:
None.
[FR Doc. 2011-28596 Filed 11-3-11; 8:45 am]
BILLING CODE 4810-AM-P