[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Pages 78837-78839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30720]
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THE BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2014-0038]
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 ``Bureau''), gives
notice of the establishment of a revised 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 1st St. NE.,
Washington, DC 20002.
Comments will be available for public inspection and copying at
1275 1st St. 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 1st St. NE.,
Washington, DC 20002, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The CFPB revises its Privacy Act System of
Records Notice (SORN) ``CFPB.001--CFPB Freedom of Information Act
(FOIA)/Privacy Act (PA) System.'' In revising this SORN, the CFPB is
adding a new routine use to add that records may be provided to the
National Archives and the Records Administration, Office of Government
Information Services (OGIS), for all purposes set forth in 5 U.S.C.
552(h)(2)(A-B) and (3). It also revises the Categories of Records
section to indicate that the system also includes information related
to requests for OGIS assistance.
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,
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.001-CFPB Freedom of
Information Act/Privacy Act System'' is published in its entirety
below.
Date: December 23, 2014.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.001
SYSTEM NAME:
CFPB Freedom of Information Act/Privacy Act System.
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1275 1st St. NE., Washington,
DC 20002.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are persons who cite the Freedom
of Information Act or Privacy Act to request access to records or whose
information requests are treated as FOIA requests. Other individuals
covered include CFPB staff assigned to process such requests, and
employees who may have responsive records or are mentioned in such
records. FOIA requests are subject to the PA only to the extent that
they concern individuals; information pertaining to corporations and
other business entities and organizations are not subject to the PA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may contain: (1) Correspondence with the
requester including initial requests and appeals; (2) documents
generated or compiled during the search and processing of the request;
(3) fee schedules, cost calculations, and assessed cost for disclosed
FOIA records; (4) documents and memoranda supporting the decision made
in response to the request, referrals, and copies of records provided
or withheld; (5) CFPB staff assigned to process, consider, and respond
to requests and, where a request has been referred to another agency
with equities in a responsive document, information about the
individual handling the request on behalf of that agency; (6)
information identifying the entity that is subject to the requests or
appeals; (7) requester information, including name, address, phone
number, email address; FOIA tracking number, phone number, fax number,
or some combination thereof; and (8) for access requests under the
Privacy Act, identifying information regarding both the party who is
making the written request or appeal, and the individual on whose
behalf such written requests or appeals are made, including name,
Social Security number (SSNs may be submitted with documentation or as
proof of identification), address, phone number, email address, FOIA
number, phone number, fax number, or some combination thereof. This
system also consists of records related to requests for OGIS
assistance.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Pub. L. 111-203, Title X, Sections 1011, 1012, 1021, codified at 12
U.S.C. 5491, 5492, 5511; The Freedom of Information Act of 1996, as
amended 5
[[Page 78838]]
U.S.C. 552; Privacy Act of 1974, as amended 5 U.S.C. 552a.
PURPOSE(S):
The information in the system is being collected to enable the CFPB
to carry out its responsibilities under the FOIA and the PA, including
enabling staff to receive, track, and respond to requests. This
requires maintaining documentation gathered during the consideration
and disposition process, administering annual reporting requirements,
managing FOIA-related fees and calculations, and delivering responsive
records.
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's
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) 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 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) 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;
(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) National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
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 a variety of fields including, but not
limited to, the requester's name, the subject matter of request,
requestor's organization, FOIA tracking number, and staff member
assigned to process the request. Records may also be searched by the
address, phone number, fax number, email address of the requesting
party, and subject matter of the request, 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:
Computer and paper records will be maintained in accordance with
published National Archives and Records Administration Disposition
Schedule, Transmittal No. 22, General Records Schedule 14, Information
Service Records.
SYSTEM MANAGER(S) AND ADDRESS:
Consumer Financial Protection Bureau, Chief FOIA Officer, 1275 1st
St. 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 the
CFPB's Disclosure of Records and Information Rules, promulgated at 12
CFR 1070 et seq. Address such requests to: Chief Privacy Officer,
Bureau of Consumer Financial Protection, 1275 1st St. NE., Washington,
DC 20002.
RECORD ACCESS PROCEDURES:
See ``Notification Procedures'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' above.
RECORD SOURCE CATEGORIES:
Information in this system covers individuals about whom records
are maintained; agency staff assigned to help process, consider and
respond to the request, including any appeals; entities filing requests
or appeals on behalf of the requestor; other governmental authorities;
and entities that are the subjects of the request or appeals.
[[Page 78839]]
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2014-30720 Filed 12-30-14; 8:45 am]
BILLING CODE 4810-AM-P