Privacy Act of 1974; System of Records
| Published date | 22 January 2020 |
| Citation | 85 FR 3649 |
| Record Number | 2020-00140 |
| Section | Notices |
| Court | Consumer Financial Protection Bureau |
Federal Register, Volume 85 Issue 14 (Wednesday, January 22, 2020)
[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Notices]
[Pages 3649-3652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00140]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2020-0002]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of a modified 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 (Bureau), gives notice of the
modification of a Privacy Act System of Records. The information in the
system will enable the Bureau to carry out its responsibilities with
respect to banks, savings associations, credit unions, and their
affiliates and service providers, including the coordination and
conduct of examinations, supervisory evaluations and analyses,
enforcement actions, actions in Federal court, and coordination with
other financial regulatory agencies. The Bureau is modifying the system
of records in order to update descriptions of the system location; the
system manager; the address whereby a member of the public can request
access to records, contest records, or request notification whether a
system contains a record pertaining to him or her; and the policies and
practices for retention and disposal of records.
DATES: Comments must be received no later than February 21, 2020. The
modified system of records will be effective January 22, 2020, unless
the comments received result in a contrary determination.
ADDRESSES: You may submit comments, identified by the title and the
docket number (see above), by any of the following methods:
Electronic: http://www.regulations.gov: Follow the
instructions for soliciting comments.
Email: [email protected].
Mail/Hand Delivery/Courier: Tannaz Haddadi, Acting Chief
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street
NW, Washington, DC 20552.
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 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) 435-7058. 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: Tannaz Haddadi, Acting Chief Privacy
Officer, at (202) 435-7058. If you require this document in an
alternative electronic format, please contact
[[Page 3650]]
[email protected]. Please do not submit comments to these
email boxes.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111-203, title X, established the
CFPB. The CFPB will maintain the records covered by this notice. The
modified system of records described in this notice, ``CFPB.002--
Depository Institution Supervision Database,'' will collect information
to enable the Bureau to carry out its responsibilities with respect to
banks, savings associations, credit unions, and their affiliates and
service providers, including the coordination and conduct of
examinations, supervisory evaluations and analyses, enforcement
actions, actions in Federal court, and coordination with other
financial regulatory agencies. This modified system of records updates
the description of the system location, the address of the system
manager, the address whereby members of the public can notify the
Bureau to request access to or amend records about themselves, record
access, contesting record and notification procedures, and the policies
and practices for retention and disposal of records. The updated
sections reflect the Bureau's new address: Bureau of Consumer Financial
Protection, 1700 G Street NW, Washington, DC 20552, and the updated
records schedule. Records in this system will be destroyed 7 years
after cutoff. In addition, the Bureau is making non-substantive
revisions to the system of records notice to align with the Office of
Management and Budget's recommended model in Circular A-108, appendix
II.
The report of a modified system of records has been submitted to
the Committee on Oversight and 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 OMB
Circular A-108, ``Federal Agency Responsibilities for Review,
Reporting, and Publication under the Privacy Act'' (December 23,
2016),\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 Bureau 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 system of records entitled ``CFPB.002--Depository Institution
Supervision Database'' is published in its entirety below.
SYSTEM NAME AND NUMBER:
CFPB.002--Depository Institution Supervision Database.
SECURITY CLASSIFICATION:
This information system does not contain any classified information
or data.
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1700 G Street NW, Washington,
DC 20552.
SYSTEM MANAGER(S):
Assistant Director of Large Bank Supervision, Bureau of Consumer
Financial Protection, 1700 G Street NW, Washington, DC 20552; (202)
435-7923.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, title X, sections 1011, 1012, 1021, 1025,
codified at 12 U.S.C. 5491, 5492, 5511, 5515.
PURPOSE(S) OF THE SYSTEM:
The information in the system is being collected to enable the
Bureau to carry out its responsibilities with respect to banks, savings
associations, credit unions, and their affiliates and service
providers, including the coordination and conduct of examinations,
supervisory evaluations and analyses, enforcement actions, actions in
Federal court, and coordination with other financial regulatory
agencies. The information collected in this system will also support
the conduct of investigations or be used as evidence by the Bureau or
other supervisory or law enforcement agencies. This may result in
criminal referrals, referral to the Federal Reserve Office of Inspector
General, or the initiation of administrative or Federal court actions.
This system will track and store examination and inspection documents
created during the performance of the Bureau's statutory duties. This
system also will enable the Bureau to monitor and coordinate regular
examinations and required reports, supervisory evaluations and
analyses, and enforcement actions internally and with other Federal and
State regulators. The information will also be used for administrative
purposes to ensure quality control, performance, and improving
management processes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are: (1) Individuals who
themselves are, and current and former directors, officers, employees,
agents, shareholders, and independent contractors of banks, savings
associations, or credit unions; (2) Current and former consumers who
are or have been in the past serviced by banks, savings associations,
or credit unions subject to the supervision of the Bureau; and (3)
Bureau employees assigned to supervise banks, savings associations, or
credit unions. 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 is not subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may contain information provided by a
supervised institution, by individuals who are or have been serviced by
a supervised institution, or other government authorities, to the
Bureau in the exercise of Bureau's responsibilities and used to assess
an institution's compliance with various statutory and regulatory
obligations. This may include: (1) Personally identifiable information
from customers of banks, savings associations, or credit unions,
including without limitation, name, account numbers, address, phone
number, email address, and date of birth; (2) contact information of
officials of institutions such as members of the Board of Directors,
Audit Committee Chair, Chief Executive Officer, Chief Compliance
Officer, Internal Auditor, and Independent Auditor including, without
limitation, name, address, phone number, and email address; (3)
information about Bureau employees assigned to depository institution
supervision tasks, including, without limitation, name, phone number,
email address, address, and other employment information; and (4)
Confidential Supervision Information or Personal Information, including
information relating to individuals that is derived from Confidential
Supervisory Information or from consumer complaints. This information
may include, without limitation, reports of examinations and associated
documentation regarding compliance with consumer financial protection
laws; documents assessing the current and past safety and soundness/
risk management of a covered person or service provider; reports of
consumer complaints; and correspondence relating to any category of
information discussed above and actions taken to remedy deficiencies in
these areas. Information contained in the Depository Institution
Supervision Database is collected from a variety of source, including,
without limitation: (1) The individuals who own, control, or work
[[Page 3651]]
for covered persons or service providers; (2) existing databases
maintained by other Federal and state regulatory associations, law
enforcement agencies, and related entities; (3) third parties with
relevant information about covered persons or service providers; and
(4) information generated by Bureau employees or about Bureau employees
assigned supervisory tasks. Whenever practicable, the Bureau will
collect information about an individual directly from that individual.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from banks, savings
associations, credit unions, and their affiliates and service
providers, persons subject to the Bureau's authority, and current,
former, and prospective consumers who are or have been customers of
covered persons, and others with information relevant to the
enforcement of Federal consumer financial laws.
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 Bureau's
Disclosure of Records and Information Rules, promulgated at 12 CFR part
1070, to:
(1) Appropriate agencies, entities, and persons when (a) the Bureau
suspects or has confirmed that there has been a breach of the system of
records; (b) the Bureau has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the Bureau (including its information systems, programs, and
operations), the Federal Government, or national security; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Bureau's efforts to respond
to the suspected or confirmed breach or to prevent, minimize, or remedy
such harm;
(2) Another Federal agency or Federal entity, when the Bureau
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(3) 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;
(4) 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;
(5) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains;
(6) Contractors, agents, or other authorized individuals performing
work on a contract, service, cooperative agreement, job, or other
activity on behalf of the Bureau or Federal Government and who have a
need to access the information in the performance of their duties or
activities;
(7) Any authorized agency or component of the Department of
Treasury, the Department of Justice, the Federal Reserve System, the
Federal Deposit Insurance Corporation or other law enforcement
authorities including disclosure by such authorities: (a) To the extent
relevant and necessary in connection with litigation in proceedings
before a court or other adjudicative body, where (i) The United States
is a party to or has an interest in the litigation, including where the
agency, or an agency component, or an agency official or employee in
his or her official capacity, or an individual agency official or
employee whom the Department of Justice or the Bureau has agreed to
represent, is or may likely become a party, and (ii) the litigation is
likely to affect the agency or any component thereof; or (b) To outside
experts or consultants when considered appropriate by Bureau staff to
assist in the conduct of agency matters;
(8) The U.S. Department of Justice (DOJ) for its use in providing
legal advice to the Bureau or in representing the Bureau 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
Bureau 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 Bureau;
(b) Any employee of the Bureau in his or her official capacity;
(c) Any employee of the Bureau in his or her individual capacity
where DOJ has agreed to represent the employee; or
(d) The United States, where the Bureau determines that litigation
is likely to affect the Bureau or any of its components;
(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) An entity or person that is the subject of supervision or
enforcement activities including examinations, investigations,
administrative proceedings, and litigation, and the attorney or non-
attorney representative for that entity or person.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and electronic records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by a variety of fields including without
limitation, the individual's name, complaint/inquiry case number,
address, account number, transaction number, phone number, date of
birth, or by some combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Per DAA-0587-2013-0008, records in this system will be destroyed 7
years after cutoff.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to electronic records is restricted to authorized personnel
who have been issued non-transferrable
[[Page 3652]]
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.
RECORD ACCESS PROCEDURES:
An individual seeking access to any record pertaining to him or her
contained in this system of records may inquire in writing in
accordance with instructions in 12 CFR 1070.50 et seq. Address such
requests to: Chief Privacy Officer, Bureau of Consumer Financial
Protection, 1700 G Street NW, Washington, DC 20552. Instructions are
also provided on the Bureau website: https://www.consumerfinance.gov/foia-requests/submit-request/.
CONTESTING RECORD PROCEDURES:
An individual seeking to contest the content of any record
pertaining to him or her contained in this system of records may
inquire in writing in accordance with instructions appearing in the
Bureau's Disclosure of Records and Information Rules, promulgated at 12
CFR 1070.50 et seq. Address such requests to: Chief Privacy Officer,
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington,
DC 20552.
NOTIFICATION PROCEDURES:
An individual seeking notification whether any record contained in
this system of records pertains to him or her may inquire in writing in
accordance with instructions appearing in the Bureau's Disclosure of
Records and Information Rules, promulgated at 12 CFR 1070.50 et seq.
Address such requests to: Chief Privacy Officer, Bureau of Consumer
Financial Protection, 1700 G Street NW, Washington, DC 20552.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Portions of the records in this system are compiled for law
enforcement purposes and are exempt from disclosure under Bureau's
Privacy Act regulations and 5 U.S.C. 552a(k)(2). Federal criminal law
enforcement investigatory reports maintained as part of this system may
be the subject of exemptions imposed by the originating agency pursuant
to 5 U.S.C. 552a(j)(2).
HISTORY:
76 FR 45765 (August 01, 2011); 83 FR 23435 (June 21, 2018)
Dated: November 27, 2019.
Kate Fulton,
Senior Agency Official for Privacy, Bureau of Consumer Financial
Protection.
[FR Doc. 2020-00140 Filed 1-21-20; 8:45 am]
BILLING CODE 4810-AM-P
