[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27104-27106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10501]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2016-0019]
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 June 6, 2016. The new
system of records will be effective June 14, 2016, 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. Sensitive personal information, such as account numbers or
social security numbers, should not be included.
FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy
Officer,
[[Page 27105]]
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.009--Employee Administrative Records
System.'' As part of an annual review of this System of Records, the
CFPB modifies the purpose(s) for which the system is maintained to
clarify that the information in the system will be used for personnel
actions and for administrative purposes to ensure quality control,
performance, and improving management processes; the categories of
individuals for the system to include applicants and detailees to the
CFPB; and the record source categories for the system to include
individuals who have applied for a position with the CFPB and to
clarify the use for human resource functions.
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). The
revised system of records entitled ``CFPB.009--Employee Administrative
Records System'' is published in its entirety below.
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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.
Dated: April 28, 2016.
Claire Stapleton,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
CFPB.009
SYSTEM NAME:
Employee Administrative Records System
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1700 G Street NW.,
Washington, DC 20552.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former CFPB employees, volunteers, detailees,
applicants, and persons who work at the CFPB (collectively
``employees''), and their named dependents and/or beneficiaries, their
named emergency contacts, and individuals who have been extended offers
of employment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system may contain identifiable information about
individuals including, without limitation: (1) Identification and
contact information, including name, address, email address, phone
number and other contact information; (2) employee emergency contact
information, including name, phone number, relationship to employee or
emergency contact; (3) Social Security number (SSN), employee ID
number, organization code, pay rate, salary, grade, length of service,
and other related pay and leave records including payroll data; (4)
biographic and demographic data, including date of birth and marital or
domestic partnership status; (5) employment-related information such as
performance reports, training, professional licenses, certification,
and memberships information, fitness center membership information,
union dues, employee claims for loss or damage to personal property,
and other information related to employment by the CFPB; (6) benefits
data, such as health, life, travel, and disability insurance
information; and (7) retirement benefits information and flexible
spending account information.
General personnel and administrative records contained in this
system are covered under the government-wide systems of records notice
published by the Office of Personnel Management (OPM/GOVT-1). This
system complements OPM/GOVT-1 and this notice incorporates by reference
but does not repeat all of the information contained in OPM/GOVT-1.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 5492-93, 5511; 31 U.S.C. 3721.
PURPOSE(S):
The information in the system is being collected to enable the CFPB
to manage and administer human capital functions, including personnel
actions, payroll, time and attendance, leave, insurance, tax,
retirement and other benefits, and employee claims for loss or damage
to personal property; and to prepare related reports to other federal
agencies. The information will also be used for administrative purposes
to ensure quality control, performance, and improving management
processes.
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;
[[Page 27106]]
(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 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;
(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 to the extent
necessary to obtain information relevant to current and former CFPB
employees' benefits, compensation, and employment;
(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;
(11) National, state or local income security and retirement
agencies or entities involved in administration of employee retirement
and benefits programs (e.g., state unemployment compensation agencies
and state pension plans) and any of such agencies' contractors or plan
administrators, when necessary to determine employee eligibility to
participate in retirement or employee benefits programs, process
employee participation in those programs, process claims with respect
to individual employee participation in those programs, audit benefits
paid under those programs, or perform any other administrative function
in connection with those programs;
(12) An executor of the estate of a current or former employee, a
government entity probating the will of a current or former employee, a
designated beneficiary of a current or former employee, or any person
who is responsible for the care of a current or former employee, where
the employee has died, has been declared mentally incompetent, or is
under other legal disability, to the extent necessary to assist in
obtaining any employment benefit or working condition for the current
or former employee;
(13) The Internal Revenue Service (IRS) and other governmental
entities that are authorized to tax employees' compensation with wage
and tax information in accordance with a withholding agreement with the
CFPB pursuant to 5 U.S.C. 5516, 5517, and 5520, for the purpose of
furnishing employees with IRS Forms W-2 that report such tax
distributions;
(14) Unions recognized as exclusive bargaining representatives
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111, 7114; and
(15) Carriers, providers and other federal agencies involved in
administration of employee retirement and benefits programs and such
agencies' contractors or plan administrators, when necessary to
determine employee eligibility to participate in retirement and
benefits programs, process employee participation in those programs,
process claims with respect to individual employee participation in
those programs, audit benefits paid under those programs, or perform
any other administrative function in connection with those programs and
federal agencies that perform payroll and personnel processing and
employee retirement and benefits plan services under interagency
agreements or contracts, including the issuance of paychecks to
employees, the distribution of wages, the administration of deductions
from paychecks for retirement and benefits programs, and the
distribution and receipt of those deductions. These agencies include,
without limitation, the Department of Labor, the Department of Veterans
Affairs, the Social Security Administration, the Federal Retirement
Thrift Investment Board, the Department of Defense, OPM, the Board of
Governors of the Federal Reserve System, the Department of the
Treasury, and the National Finance Center at the U.S. Department of
Agriculture.
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, without
limitation, the individual's name, SSN, 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 electronic and paper records under the
National Archives and Records Administration (NARA) schedules General
Records Schedule (GRS) GRS 01, GRS 02, and GRS 18-15b.
SYSTEM MANAGER(S) AND ADDRESS:
Consumer Financial Protection Bureau, Chief Operating Officer, 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 the CFPB's
Disclosure of Records and Information Rules, promulgated at 12 CFR part
1070 et seq. 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 from current and former CFPB
employees, their named dependents and/or beneficiaries, their named
emergency contacts, individuals who have applied for a position or have
been extended offers of employment by the CFPB, and from individuals
and entities associated with federal employee benefits, retirement,
human resource functions, accounting, and payroll systems
administration.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2016-10501 Filed 5-4-16; 8:45 am]
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