[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27446-27447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11233]
[[Page 27446]]
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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, herein 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 June 11, 2012. The new
system of records will be effective June 19, 2012 unless the comments
received result in a contrary determination.
ADDRESSES: You may submit comments by any of the following methods:
Electronic: [email protected].
Mail or Hand Delivery/Courier: Claire Stapleton, Chief
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street
NW., Washington, DC 20552.
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 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 20552, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Act''), Public Law 111-203, Title X,
established the CFPB. The CFPB administers, enforces, and implements
federal consumer financial law, and, among other powers, has authority
to protect consumers from unfair, deceptive, abusive, and
discriminatory practices when obtaining consumer financial products or
services. The CFPB will maintain the records covered by this notice.
The new system of records described in this notice, CFPB.018--
Litigation Files will track and store electronic information, including
both imaged and paper documents, to allow the Bureau to represent
itself and its components in court cases and administrative
proceedings.
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 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.018--Litigation Files'' is
published in its entirety below.
Dated: May 4, 2012.
Claire Stapleton,
Chief Privacy Officer.
CFPB.018
System Name:
Litigation Files.
System Location:
Consumer Financial Protection Bureau, 1700 G Street NW., Washington
DC, 20552.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include, but are not limited to:
(1) Individuals who are involved in litigation with the Bureau or the
United States (regarding matters within the jurisdiction of the Bureau)
either as plaintiffs or as defendants in both civil and criminal
matters; (2) individuals who are involved in litigation regarding
matters within the jurisdiction of the Bureau, either as plaintiffs or
as defendants, in which the Bureau becomes involved as an amicus curiae
or intervener; (3) individuals who either file administrative
complaints against the Bureau or are the subjects of administrative
complaints initiated by the Bureau; (4) CFPB or other federal employees
whose duties are related to litigation activities; (5) participants in
CFPB referrals, investigations, rulemaking, advisory, and law
enforcement proceedings; (6) parties requesting formal advisory
opinions; (7) parties involved in a contract claim or bid protest; and
(8) parties who request review by the Bureau or other federal agencies
of potential settlements under the Class Action Fairness Act
(``CAFA''). 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 aggregate, non-identifiable information is not
subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system contain information pertaining to the
subject matter of the litigation, administrative complaint, or adverse
personnel action as well as records generated during the process of
creating the litigation function of the Bureau. Such records may
include complaints, litigation reports, administrative transcripts,
various litigation documents, investigative materials, correspondence,
briefs, court orders and judgments, affidavits and other statements
from witnesses, internal staff memoranda, interview notes,
investigative notes, staff working papers, draft materials, and other
related documents and records, correspondence and internal status
reports including matter initiation reports and closing reports.
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, Title X, Section 1012, codified at 12 U.S.C.
Sec. 5492, and Section 1054, codified at 12 U.S.C. Sec. 5564.
PURPOSE(S):
This system will track and store electronic information, including
imaged and paper documents, to allow the Bureau to represent itself and
its components in court cases and administrative proceedings.
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 at 12 CFR part 1070 et
seq., 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
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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) The Federal Trade Commission (``FTC'') or other federal banking
agencies, for their use in providing legal advice to the CFPB, where
the use of such information by these agencies is deemed by the CFPB to
be relevant and necessary to the Bureau's involvement in a proceeding
as a party, amicus curiae or intervener;
(8) DOJ, the FTC, or other federal banking agencies, in connection
with the CFPB's or these agencies' review of CAFA notices that the CFPB
has received;
(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 in the course of
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) Officials of a labor organization when relevant and necessary
to their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
POLICIES AND PRACTIES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPENSING OF RECORDS IN THE SYSTEM:
Storage:
Records maintained in this system are stored electronically and in
file folders. Paper copies of individual records are made by the
authorized CFPB staff.
RETRIEVABILITY:
Records are retrievable by a variety of fields including, without
limitation, name of the individual involved in a case, address, account
number, social security 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:
Consumer Financial Protection Bureau, Assistant General Counsel for
Litigation, Office of General Counsel, 1700 G Street NW., Washington,
DC 20552.
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 20552.
RECORD ACCESS PROCEDURE:
See ``Notification Procedures'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' above.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from individuals who are
involved in litigation, including CFPB or other federal employees,
participants in CFPB investigations, rulemaking, advisory, and law
enforcement proceedings and those requesting formal advisory opinions.
EXEMTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2012-11233 Filed 5-9-12; 8:45 am]
BILLING CODE 4810-AM-P