Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 45761 

SAFEGUARDS: 

Access to electronic records that are 

not otherwise available to the general 

public by virtue of their presence on 

social media sites 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 deposition schedule. 

SYSTEM MANAGER(S) AND ADDRESS: 

Consumer Financial Protection 

Bureau, Chief Technology Officer, 1801 

L Street, NW., Washington, DC 20036. 

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, 1801 L 

St., NW., Washington, DC 20036. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from individuals who interact with the 

CFPB through social media networks or 

as a result of public outreach. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2011–19426 Filed 7–29–11; 8:45 am] 

BILLING CODE 4810–25–P 

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. 

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 August 31, 2011. The new 

system of records will be effective 

September 12, 2011 unless the 

comments received result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0012, by any of the following methods: 

• Electronic: http://www.regulations.

gov. Follow the instructions for 

submitting comments. 

• Mail or Hand Delivery/Courier in 

Lieu of Mail: Claire Stapleton, Chief 

Privacy Officer, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

All submissions must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

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 1801 

L St., NW., Washington, DC 20036, 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, 

1801 L Street, NW., Washington, DC 

20036, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Act’’), Public Law 111– 

203, Title X, established the CFPB to 

administer and enforce federal 

consumer financial protection law. The 

CFPB will maintain the records covered 

by this notice. 

The new systems of records described 

in this notice, CFPB.003—Nondepository Supervision Database will be 

used to enable the CFPB to carry out its 

responsibilities with respect to 

individuals related to non-depository 

covered persons subject to the authority 

of the CFPB, including the internal 

coordination of examinations, 

supervision evaluations and analyses, 

and enforcement actions. This system 

will also allow the CFPB to coordinate 

with other financial regulatory agencies. 

A description of the new system of 

records follows this Notice. 

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.003—Non-depository 

Supervision Database’’ is published in 

its entirety below. 

Dated: July 27, 2011. 

Claire Stapleton, 

Chief Privacy Officer. 

CFPB.003 

SYSTEM NAME: 

CFPB Non-depository Supervision 

Database. 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals covered by this system 

are: (1) Individuals who themselves are 

current and former directors, officers, 

employees, agents, shareholders, and 

independent contractors of nondepository covered persons subject to 

the supervision of the CFPB; (2) Current 

and former consumers who are or have 

been in the past serviced by nondepository covered persons subject to 

the supervision of the CFPB; and (3) 

CFPB employees assigned to supervise 

non-depository covered persons. 

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 organizations is not subject to 

the Privacy Act. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in the system may contain 

information provided by a covered 

person, by individuals who are or have 

been serviced by a covered person, or 

other governmental authorities, to the 

CFPB in the exercise of the CFPB’s 

responsibilities and used to assess a 

covered person’s compliance with 

various statutory and regulatory 

obligations. This may include: (1) 

Personally identifiable information from 

customers of non-depository covered 

persons, including without limitation, 


srobinson on DSK4SPTVN1PROD with NOTICES
45762 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 

1Section 1066 of the Act grants the Secretary of 

the Treasury interim authority to perform certain 

functions of the CFPB. Pursuant to that authority, 

Treasury published rules on the Disclosure of 

Records and Information within 12 CFR Chapter X. 

This SORN is published pursuant to those rules and 

the Privacy Act. 

name, social security number, account 

numbers, address, phone number, email 

address, and date of birth; (2) contact 

information for officials of nondepository covered persons 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 CFPB 

employees assigned supervision tasks 

for non-depository covered persons; and 

(4) confidential supervision information 

or personal information, including 

information relating to individuals that 

is derived from such information or 

from consumer complaints. This 

information may include, without 

limitation, reports of examinations and 

associated documentation regarding 

compliance with consumer financial 

law; 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 Nondepository Supervision Database is 

collected from a variety of sources, 

including, without limitation: (1) The 

individuals who own, control, or work 

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 CFPB 

employees. Whenever practicable, the 

CFPB will collect information about an 

individual directly from that individual. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Public Law 111–203, Title X, Section 

1011, 1012, 1021, 1024, codified at 12 

U.S.C. 5491, 5492, 5511, 5514.1

PURPOSE(S): 

The information in the system is 

being collected to enable the CFPB to 

carry out its responsibilities with 

respect to non-depository covered 

persons 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 

could be used as evidence by the CFPB 

or other supervisory or law enforcement 

agencies. This may result in criminal 

referrals, referral to the Federal Reserve 

Office of the 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 CFPB’s statutory 

duties. This system also will enable the 

CFPB to monitor and coordinate regular 

examinations and required reports, 

supervisory evaluations and analyses, 

and enforcement actions internally and 

with other federal and state regulators. 

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 in the title of the CFR 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) 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 CFPB 

staff to assist in the conduct of agency 

matters; 

(7) 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; 

(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) A court, magistrate, or 

administrative tribunal in the course of 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 45763 

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; 

(10) 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; 

(11) 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 

(12) 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 STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPENSING 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 

individual’s name, complaint/inquiry 

case number, 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-transferable 

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 Director of Nonbank 

Supervision,1801 L Street, NW., 

Washington, DC 20036. 

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, 1801 L 

St., NW., Washington, DC 20036. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from covered persons subject to the 

CFPB’s authority, and current, former, 

and prospective consumers who are or 

have been customers or prospective 

customers of covered persons, and 

others with information relevant to the 

enforcement of federal consumer 

financial laws. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of the records in this system 

are complied for law enforcement 

purposes and are exempt from 

disclosure under the CFPB’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). 

[FR Doc. 2011–19427 Filed 7–29–11; 8:45 am] 

BILLING CODE 4810–25–P 

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. 

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 August 31, 2011. The new 

system of records will be effective 

September 12, 2011 unless the 

comments received result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0015, by any of the following methods: 

• Electronic: http://www.regulations.

gov. Follow the instructions for 

submitting comments. 

• Mail or Hand Delivery/Courier in 

Lieu of Mail: Claire Stapleton, Chief 

Privacy Officer, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

All submissions must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

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 1801 

L St., NW., Washington, DC 20036, 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, 

1801 L Street, NW., Washington, DC 

20036, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Act’’), Public Law No. 

111–203, Title X, established the CFPB 

to administer and enforce Federal 

consumer financial protection law. The 

CFPB will maintain the records covered 

by this notice. 

The new system of records described 

in this notice, CFPB.007—Directory 

Database, will provide the CFPB with a 

single, agency-wide repository of 

identifying and registration information 

concerning entities offering or 

providing, or materially assisting in the 

offering or provision of, consumer 

financial products or services. By 

ensuring the use of consistent 

information across the agency, the 

Directory Database will enable the CFPB 

to carry out its supervisory, 

enforcement, and regulatory authorities 

in an efficient and effective manner. A 

description of the new system of records 

follows this Notice. 

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 


srobinson on DSK4SPTVN1PROD with NOTICES