[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78839-78841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30655]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No CFPB-2014-0039]
Privacy Act of 1974, as Amended
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of a Revised 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 January 30, 2015. The
new system of records will be effective February 9, 2015, unless the
comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by the title and docket
number (see above), by any of the following methods:
Electronic: [email protected] or 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 20552.
Hand Delivery/Courier: Claire Stapleton, Chief Privacy
Officer, Consumer Financial Protection Bureau, 1275 First Street NE.,
Washington, DC 20002. Comments will be available for public inspection
and copying at 1275 First Street NE., Washington, DC 20002 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, 1275 First Street NE.,
Washington, DC 20002, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The CFPB revises its Privacy Act System of
Records Notice (``SORN'') ``CFPB.021--CFPB Consumer Education and
Engagement Records.'' In revising this SORN, the CFPB modifies the
purpose(s) for which the records are maintained to clarify that
information in the system will be used for research purposes in
understanding and improving consumer awareness, understanding, and use
of disclosures and communications regarding consumer financial products
or services; and modifies the categories of records maintained by the
system to include the following information: (1) Social Security
numbers, voluntarily provided with informed consent, when needed to
pull credit reports or otherwise connect data points across data
sources to understand consumer financial decision-making and well-being
and the effectiveness of financial education or financial capability
programs, resources, tools, or interventions; (2) biographical
information (e.g. race, ethnicity, date of birth, marital status,
education level, household composition information, citizenship status,
disability information, or veteran status) voluntarily provided with
informed consent in order to understand the effectiveness of financial
education or financial capability programs, resources, tools, or
interventions, as it relates to certain populations; (3) credit report
data; and (4) web analytics information that may be partially
identifiable, including records of access to CFPB managed Web sites or
resources including date(s) and time(s) of access, IP address of
access, logs of internet activity related to use of the site or
resource, the address that linked the user directly to the site or
resource, in order to understand and enhance the effectiveness or
usability of the site or resource. Finally, the Bureau makes several
non-substantive changes as part of its annual review of this notice.
The report of the 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,\1\ and the Privacy Act, 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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The revised system of records entitled ``CFPB.021--CFPB Consumer
Education and Engagement Records'' is published in its entirety below.
Dated: December 23, 2014.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.021
SYSTEM NAME:
CFPB Consumer Education and Engagement Records
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1275 First Street NE.,
Washington, DC 20002.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are those who: Participate in
CFPB-sponsored or CFPB-funded financial education or financial
capability programs, including financial education campaigns; utilize
financial education web-tools or other financial education resources;
or participate in surveys or other research conducted by the CFPB or by
a third party, or by a third party on behalf of the CFPB.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system regarding the individuals described above may
include: (1) Contact information (name, phone numbers, email address);
(2) unique identifiers provided to government employees; (3)
information related to the participant's financial status including
bank account information, records of consumer financial transactions,
and credit report data; (4) information on consumer characteristics
collected in connection with financial education programs or the
consumer's business relationship with a third party; (5) bank account
information (for payment to survey participants); (6) other information
collected from or about consumers in response to surveys or other
research methods; (7) information relating to the effectiveness of
financial education programs or resources or access to financial
products or services; (8) Social Security number(s), when needed to
pull credit reports or otherwise connect data points across data
sources to understand consumer financial decision-making and well-being
and the effectiveness of financial education or financial capability
programs, resources, tools, or interventions; (9) biographic
information (e.g. race, ethnicity, date of birth, marital status,
education level, household composition information, citizenship status,
disability
[[Page 78840]]
information, veteran status) in order to understand the effectiveness
of financial education or financial capability programs, resources,
tools, or interventions, as it relates to specific populations; and
(10) web analytics information that may be partially identifiable,
including records of access to CFPB managed Web sites or resources
including date(s) and time(s) of access, IP address of access, logs of
internet activity related to use of the site or resource, the address
that linked the user directly to the site or resource, in order to
understand and enhance the effectiveness or usability of the site or
resource.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, Title X, Sections 1013 and 1022, codified at 12
U.S.C. 5493 and 5512.
PURPOSE(S):
The Act established functions within the CFPB (1) to develop and
implement initiatives to educate and empower consumers to make better
informed financial decisions; (2) to develop and implement a strategy
to improve the financial literacy of consumers, including access to
financial information, products and services; (3) to do research
regarding, among other things, (a) consumer awareness, understanding,
and use of disclosures and communications regarding consumer financial
products or services, (b) consumer awareness and understanding of and
decision-making relevant to costs, risks, and benefits of consumer
financial products or services, (c) consumer behavior with respect to
consumer financial products and services, (d) experiences of
traditionally underserved consumers, including un-banked and under-
banked consumers, and (e) best practices and effective methods, tools,
technology and strategies to educate and counsel seniors about personal
finance management. Consistent with these functions, the purpose of the
system is to enable the CFPB to identify and conduct effective
financial education programs and also to collect, research, and publish
certain information relevant to understanding and improving consumer
financial decision-making and well-being. Although this SORN describes
the information to be collected across many CFPB projects, for each
project the CFPB will collect only the information needed to accomplish
the specific purpose of that project.
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 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 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) To 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 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 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) 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;
(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; and
(10) Appropriate federal, state, local, foreign, tribal or self-
regulatory organizations or agencies or private entities that partner
with the CFPB for research purposes.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper and electronic records.
RETRIEVABILITY:
Records are retrievable by unique identifiers assigned to the
records for purposes of longitudinal updating or for connecting data
points across data sources, or by a variety of fields including,
without limitation, the individual's name and contact information,
identifying file number, or other information collected in response to
surveys or other research.
SAFEGUARDS:
Access to electronic records is restricted to authorized personnel
who have been issued non-transferrable access codes and passwords.
Other
[[Page 78841]]
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 manage all computer and paper files in the system as
permanent records until the disposition schedule for these records is
approved by the National Archives and Records Administration, at which
time, the CFPB will dispose of such files in accordance with the
schedule.
SYSTEM MANAGER(S) AND ADDRESS:
Consumer Financial Protection Bureau, Associate Director, Consumer
Education and Engagement, 1275 First Street NE., Washington, DC 20002.
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 PROCEDURES:
See ``Notification Procedures'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' above.
RECORD SOURCE CATEGORIES:
Information in this system is obtained directly from the individual
who is the subject of these records, and/or from third parties,
including depository or non-depository institutions, credit reporting
agencies, counseling agencies or other businesses or organizations or
governmental entities involved in the markets for consumer financial
products or services or that provide financial education services.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2014-30655 Filed 12-30-14; 8:45 am]
BILLING CODE 4810-AM-P