45372 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

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 publishes this interim final rule on behalf 

of the CFPB. 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1070 

[Docket No. CFPB–2011–0003] 

RIN 3170–AA01 

Disclosure of Records and Information 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Interim final rule with request 

for public comment. 

SUMMARY: This interim final rule 

establishes procedures for the public to 

obtain information from the Bureau of 

Consumer Financial Protection, under 

the Freedom of Information Act, the 

Privacy Act of 1974, and in legal 

proceedings. This interim final rule also 

establishes the CFPB’s rules regarding 

the confidential treatment of 

information obtained from persons in 

connection with the exercise of its 

authorities under federal consumer 

financial law. 

DATES: This interim final rule is 

effective July 28, 2011. Written 

comments must be submitted by 

September 26, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0003, 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: Monica Jackson, Office of 

the Executive Secretary, 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 rulemaking. 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 Street, 

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 the 

documents by telephoning (202) 435– 

7275. 

All comments, including attachments 

and other supporting materials, will 

become part of the public record and 

subject to public disclosure. Sensitive 

personal information, such as account 

numbers or Social Security numbers, 

should not be included. Comments will 

not be edited to remove any identifying 

or contact information. 

FOR FURTHER INFORMATION CONTACT: 

Monica Jackson, Office of the Executive 

Secretary, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036, 202–435–7275. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2010, the President signed 

into law the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Pub. L. 111–203). Title X of that law is 

the Consumer Financial Protection Act 

of 2010 (the ‘‘Act’’), which created the 

Bureau of Consumer Financial 

Protection (the ‘‘CFPB’’). Pursuant to the 

provisions of the Act, the CFPB will 

begin to exercise its authority to regulate 

the offering and provision of consumer 

financial products and services under 

the federal consumer financial laws on 

July 21, 2011.1

In order to establish procedures to 

facilitate public interaction with the 

CFPB, the CFPB is issuing this interim 

final rule. The CFPB invites public 

comment on all aspects of this interim 

final rule and will take those comments 

into account before publishing a final 

rule. 

II. Summary of Interim Final Rule 

This interim final rule establishes 

procedures for the CFPB that are 

necessary to implement the Freedom of 

Information Act, 5 U.S.C. 552 (the 

‘‘FOIA’’) and the Privacy Act of 1974, 5 

U.S.C. 552a (the ‘‘Privacy Act’’). Various 

provisions of these statutes either 

require or authorize federal agencies to 

promulgate implementing regulations. 

See 5 U.S.C. 552(a)(4)(A)(i); id. at 

552(a)(6)(B)(iv); id. at 552(a)(6)(D)(1); id. 

at 552(a)(6)(E); id. at 552a(f); id. at 

552(k). Pursuant to the Federal 

Housekeeping Statute, 5 U.S.C. 301 (as 

interpreted by United States ex rel. 

Touhy v. Ragen, 340 U.S. 462 (1951) 

and subsequent related case law) and/or 

the Federal Records Act, 44 U.S.C. ch. 

30, the interim final rule also establishes 

a process by which parties may seek 

testimony or records from the CFPB for 

use in litigation and certain other 

proceedings. Finally, the interim final 

rule governs the CFPB’s treatment of 

confidential information pursuant to 

sections 1022 and 1052 of the Act. 

A. Summary of Subpart A: General 

Provisions 

Subpart A of part 1070 of the rules 

sets forth general provisions applicable 

to the remainder of the part. Section 

1070.1 sets forth the CFPB’s authorities 

for issuing its rules, which include 

provisions of the Act that require or 

authorize the CFPB to disclose, share, or 

maintain the confidentiality of certain 

information that the CFPB obtains from 

others or generates itself. Section 1070.1 

also identifies the purposes of the rules 

in part 1070. 

Section 1070.2 defines terms that are 

utilized elsewhere in part 1070 of the 

rules. Several of these terms warrant 

brief discussion. For example, we 

intend for our definition of the term 

‘‘civil investigative demand material’’ in 

section 1070.2(e) to encompass all types 

of materials provided to the CFPB in 

response to a civil investigative demand 

that the CFPB issues in accordance with 

section 1052 of the Act. As stated in 

section 1052 and reiterated in section 

1070.2(e) of these rules, civil 

investigative demand material includes 

documentary materials, such written 

reports and answers to questions, 

tangible things, oral testimony, or any 

combination thereof. As defined, the 

term ‘‘civil investigative demand 

material’’ also includes such materials 

to the extent that a person, through 

negotiations with the CFPB or 

otherwise, agrees to provide them to the 

CFPB voluntarily or in lieu of receiving 

a civil investigative demand. 

Section 1070.2(f) defines the term 

‘‘confidential information.’’ Confidential 

information refers to three categories of 

non-public information—confidential 

consumer complaint information, 

confidential investigative information, 

and confidential supervisory 

information—that the CFPB shall 

protect from various types of disclosure 

in accordance with Consumer Financial 

Protection Act and other laws. The term 

also includes other CFPB information 

that is exempt from disclosure pursuant 

to one or more of the statutory 

exemptions to the FOIA. 

Section 1070.2(g) defines 

‘‘confidential consumer complaint 

information’’ to mean information that 

the CFPB receives from the public or 

from other agencies or organizations, or 

which the CFPB generates through its 

own efforts pursuant to sections 1013 

and 1034 of the Act, that comprises or 

documents consumer complaints or 

inquiries concerning financial 

institutions or consumer financial 

products and services. The term 

includes information, such as 

personally identifiable information, that 

is protected from public disclosure 

under the FOIA. 

Section 1070.2(h) defines 

‘‘confidential investigative information’’ 

to include all manner of materials 

received, generated, or compiled by the 

CFPB in the course of its investigative 

activities, including materials received 


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through the issuance of civil 

investigative demands. It also includes 

confidential supervisory information 

and confidential consumer complaint 

information to the extent that such 

materials serve as a basis for or are 

utilized for purposes of, an 

investigation. Lastly, the term includes 

materials that other federal and state 

agencies provide to the CFPB or create 

for its use in investigating a possible 

violation of federal consumer financial 

law. 

Section 1070.2(i) defines 

‘‘confidential supervisory information’’ 

to include various materials that the 

CFPB generates or receives that relate to 

the examination of financial 

institutions. These materials include, 

first, examination, inspection, visitation, 

operating, condition, and compliance 

reports, and any information contained 

in, relating to, or derived from such 

reports. Second, the term includes 

documentary materials, including 

reports of examination, that the CFPB 

prepares or that are prepared by others 

for use by the CFPB in exercising its 

supervisory authority over financial 

institutions, as well as information 

derived from such documentary 

materials. Third, the term includes the 

CFPB’s communications with financial 

institutions and agencies to the extent 

that such communications relate to the 

exercise of the CFPB’s supervisory 

authority over financial institutions. 

Fourth, confidential supervisory 

information includes information that 

financial institutions provide to the 

CFPB to help it to evaluate the risks 

associated with consumer financial 

products and services and whether 

institutions should be deemed ‘‘covered 

persons,’’ as that term is defined by 12 

U.S.C. 5481. Finally, the term includes 

other supervision-related information 

that is exempt from public disclosure 

under the FOIA pursuant to 5 U.S.C. 

552(b)(8). 

B. Summary of Subpart B: Rules 

Implementing the Freedom of 

Information Act 

Subpart B contains the CFPB’s rules 

that implement the Freedom of 

Information Act, 5 U.S.C. 552. The FOIA 

grants the public an enforceable right to 

obtain access to or copies of federal 

agency records unless disclosure of 

those records, or information contained 

within them, is exempt from disclosure 

pursuant to one or more statutory 

exemptions and exclusions. The FOIA 

also requires federal agencies to 

routinely publish in the Federal 

Register, or make available to the 

public, certain information concerning 

their organizational structures, policies 

and procedures, final opinions and 

orders, and records that have or are 

likely to become the objects of frequent 

FOIA requests. The regulations in this 

subpart implement the FOIA as required 

or authorized by various provisions of 

the statute. See 5 U.S.C. 552(a)(4)(A)(i); 

id. at 552(a)(6)(B)(iv); id. at 

552(a)(6)(D)(1); id. at 552(a)(6)(E). 

The CFPB modeled its FOIA 

regulations upon regulations 

promulgated by the other federal 

agencies, including the Treasury 

Department. The CFPB sought the input 

of the Department of Justice and the 

National Archives and Records 

Administration’s Office of Government 

Information Services, which is 

responsible for promoting best practices 

among federal agencies as to their FOIA 

regulations and practices. 

Because most of the CFPB’s FOIA 

regulations track the statute itself and 

set forth requirements and procedures 

that are typical of most federal agencies, 

we do not deem it necessary to provide 

a detailed analysis of these regulations. 

C. Summary of Subpart C: Disclosure of 

CFPB Information in Connection With 

Legal Proceedings 

Subpart C of the rules sets forth 

procedures for serving the CFPB and its 

employees with copies of documents in 

connection with legal proceedings, such 

as summonses, complaints, subpoenas, 

and other litigation-related requests or 

demands for the CFPB’s records or 

official information. Subpart C also 

describes the CFPB’s procedures for 

considering such requests or demands 

for official information. These 

regulations (which are sometimes 

referred to as Touhy regulations) are 

modeled after similar regulations of 

other federal agencies. Below is a brief 

summary of these regulations. 

Sections 1070.31–1070.33 of these 

regulations provide that, except as 

otherwise required by law, the CFPB’s 

General Counsel is authorized to receive 

and accept service of process of, and the 

General Counsel is authorized to 

respond to, summonses and complaints 

in which the CFPB or its employees (in 

their official capacities) are sued, as 

well as subpoenas, court orders, and 

litigation demands and requests for the 

production of the CFPB’s records and 

official information that are directed to 

the CFPB or its employees. 

Section 1070.34 requires parties 

demanding the production of the 

CFPB’s documents or testimony, in legal 

proceedings in which the United States 

or the CFPB are not parties, to provide 

the CFPB with certain information about 

the demand or request, including the 

name and forum of the proceeding, a 

detailed description of the nature of the 

information or testimony sought and its 

intended uses and relevance, a showing 

that the evidence sought through the 

production of the CFPB’s records or 

testimony is not available from other 

sources, and, as the General Counsel 

deems appropriate, a statement of the 

party’s plans to demand additional 

testimony or documents in the future. 

Unless and until a party provides this 

required information, the CFPB will not 

respond to a demand it receives. 

Section 1070.37 sets forth various 

factors that the General Counsel shall 

consider in deciding whether to comply 

with a demand or request for the 

production of the CFPB’s records or 

testimony. This section also lists factors 

that will normally cause the CFPB to 

refuse compliance with such a demand 

or request. These factors pertain to 

prudential considerations and discovery 

privileges established by federal 

statutes, rules, and case law. 

Finally, section 1070.38 prohibits 

CFPB employees or former employees 

from providing opinion or expert 

testimony based upon information 

(other than general expertise) which 

they acquired in the scope and 

performance of their official CFPB 

duties, except to the extent that they 

provide such testimony on behalf of the 

United States or a party represented by 

the CFPB or the Department of Justice. 

The General Counsel has discretion to 

waive this prohibition if the requestor 

demonstrates an exceptional need or 

unique circumstances and that the 

anticipated testimony will neither be 

adverse to the United States nor require 

the United States to pay the employee’s 

or former employee’s travel or other 

expenses associated with providing the 

requested testimony. 

D. Summary of Subpart D: Confidential 

Information 

Subpart D of the rules pertains to the 

protection and disclosure of 

confidential information that the CFPB 

generates and receives during the course 

of its work. Various provisions of the 

Act require the CFPB to promulgate 

regulations providing for the 

confidentiality of certain types of 

information and to protect such 

information from public disclosure. 

Other provisions of the Act, however, 

require or authorize the CFPB to share 

information, under certain 

circumstances, with other federal and 

state agencies to the extent that they 

share jurisdiction with the CFPB as to 

the supervision of financial institutions, 

the enforcement of consumer financial 

protection laws, or the investigation and 

resolution of consumer complaints 


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regarding financial institutions or 

consumer financial products and 

services. In implementing these 

provisions, the CFPB has sought to 

provide the maximum protection for 

confidential information, while 

ensuring its ability to share or disclose 

information to the extent necessary to 

achieve its mission. 

The CFPB recognizes that much of the 

information that it will generate and 

obtain during the course of its activities 

will be commercially, competitively, 

and personally sensitive in nature, and 

generally warrants heightened 

protection. The need for greater 

protection for these categories of 

information is reflected in the 

substantive law of privilege and in 

various statutes, including the FOIA and 

the Privacy Act, that provide for the 

protection of such information from 

disclosure. 

Notwithstanding these concerns, there 

are instances in which the disclosure of 

confidential information will be 

necessary or appropriate for the CFPB to 

accomplish its statutory mission, such 

as the investigation and resolution of 

consumer complaints or the 

enforcement of federal consumer 

financial law. Disclosures may also 

serve the public interest where federal 

and state agencies share elements of the 

CFPB’s mission and where, by sharing 

information, they can do their jobs more 

effectively. 

The regulations in this subpart 

balance these competing concerns by 

generally prohibiting the CFPB and its 

employees from disclosing confidential 

information to non-employees, and even 

in certain cases to its employees, except 

in limited circumstances. Even where 

the CFPB permits disclosures of 

confidential information, the CFPB 

imposes strict limits upon the further 

use and dissemination of disclosed 

information. 

Where appropriate, the CFPB has 

based the regulations in this subpart 

upon regulations of the other federal 

financial regulatory agencies that 

provide for the confidentiality and 

disclosure of certain information 

generated or received in the course of 

supervising, investigating, or pursuing 

enforcement actions against financial 

institutions. A summary of this subpart 

follows below. 

As a preliminary matter, section 

1070.2 of the rules, which we discuss 

above, defines the term ‘‘confidential 

information’’ as well as the three 

categories of confidential information to 

which this subpart refers: Confidential 

consumer complaint information, 

confidential investigatory information, 

and confidential supervisory 

information. In certain circumstances, 

the statute requires disparate treatment 

of these three categories of confidential 

information. 

Section 1070.41(a) generally prohibits 

the disclosure of confidential 

information by the CFPB’s employees, 

former employees, or other persons who 

possess the CFPB’s confidential 

information, to non-employees of the 

CFPB or to CFPB employees for whom 

such information is not relevant to the 

performance of their assigned duties. 

This prohibition includes disclosures 

made by any means (including written 

or oral communications) or in any 

format (including paper and electronic 

formats). 

Excluded from this general 

prohibition are disclosures of 

confidential information to consultants 

and contractors of the CFPB who agree, 

in writing, to protect the confidentiality 

of the information in accordance with 

federal law as well as any additional 

conditions or limitations that the CFPB 

may impose upon them. 

Section 1070.41(c) states that the 

CFPB is not precluded from disclosing 

materials that it derives from or creates 

using confidential information, 

provided that such materials do not 

identify, either directly or indirectly, 

any particular persons to whom the 

confidential information pertains. This 

paragraph clarifies that the CFPB may 

create and publish reports, analyses, 

and other materials derived from 

confidential information so long as the 

reports, analyses, or other materials do 

not identify the subject of such 

information or discuss the information 

in such a way that one could infer the 

identity of the person it concerns. For 

example, the CFPB is not precluded 

from publishing reports that contain 

aggregate data derived from confidential 

information, provided the report cannot 

be used in conjunction with other 

publicly available information to reidentify the source of the information. 

Section 1070.41(d) clarifies that 

nothing in subpart D requires or 

authorizes the CFPB to disclose 

confidential information that another 

agency has provided to the CFPB to the 

extent that such disclosure contravenes 

applicable law or the terms of any 

agreement that exists between the CFPB 

and the agency to govern the CFPB’s 

treatment of information that the agency 

provides to the CFPB. 

Section 1070.42(a) provides that the 

CFPB may, in its discretion, disclose 

confidential supervisory information, 

such as reports of examination, to 

supervised financial institutions to 

which the reports pertain. To the extent 

that the CFPB chooses to do so, section 

1070.42(b) prohibits institutions from 

further disseminating the confidential 

information it receives except in limited 

circumstances. Supervised financial 

institutions may share confidential 

supervisory information with their 

directors, officers, and employees, and 

with those of their parent companies, to 

the extent that the disclosure of such 

confidential supervisory information is 

relevant to the performance of such 

individuals’ assigned duties. Supervised 

financial institutions may also share 

confidential supervisory information 

with their (or their parent companies’) 

outside legal counsel, certified public 

accountants, and consultants, provided 

that the supervised financial institutions 

take reasonable steps to ensure that such 

legal counsel, accountants, or 

consultants do not utilize, make or 

retain copies of, or further disclose 

confidential information except as is 

necessary to provide advice to the 

supervised financial institutions, their 

parent companies, or to their respective 

directors, officers, or employees. 

Furthermore, the institutions must keep 

written records of their disclosures of 

confidential information to their legal 

counsel, accountants, and consultants, 

along with the steps they have taken to 

ensure that these accountants, legal 

counsel, and consultants do not 

improperly utilize, make or retain 

copies of, or disclose such information. 

Supervised financial institutions shall 

provide these written records to the 

CFPB, upon request or demand. 

Section 1070.43 sets forth 

circumstances under which the CFPB 

shall or may disclose various categories 

of confidential information to law 

enforcement agencies and to other 

government agencies. 

Section 1070.43(a)(1) implements 

sections 1022(c)(6)(C)(i) and 

1025(e)(1)(C) of the Act, which require 

the CFPB to share with federal and state 

agencies having jurisdiction over 

supervised financial institutions, the 

CFPB’s reports of examination of those 

supervised financial institutions, 

including drafts thereof, final reports, 

and revisions to final reports, provided 

that the CFPB receives from the agency 

reasonable assurances as to the 

confidentiality of the information 

provided. 

Section 1070.43(a)(2) implements 

section 1013(b)(3)(D) of the Act, which 

requires the CFPB to share confidential 

consumer complaint information with 

federal and state agencies, provided that 

the agency first gives written assurance 

to the CFPB that it will maintain such 

information in a manner that conforms 

to the standards that apply to federal 

agencies for the protection of the 


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confidentiality of personally identifiable 

information and for data security and 

integrity. 

Section 1070.43(b)(1), meanwhile, 

authorizes the CFPB to make 

discretionary disclosures of confidential 

information to federal and state agencies 

under certain circumstances. For 

example, this provision implements 

section 1022(c)(6)(C)(ii) of the Act, 

which authorizes the CFPB, upon 

request, to share confidential 

supervisory information about 

supervised financial institutions (other 

than reports of examination) with 

federal and state agencies having 

jurisdiction over those institutions. 

Section 1070.43(b)(1) also authorizes the 

CFPB, upon request, to share 

confidential investigatory information 

about supervised financial institutions 

with federal and state agencies having 

jurisdiction over those institutions. 

Section 1070.43(b)(2) sets forth 

procedures for federal and state agencies 

to follow when requesting access to the 

CFPB’s confidential information as set 

forth in section 1070.43(b)(1). Requests 

must be submitted in writing by 

authorized officers or employees of the 

agencies to the CFPB’s General Counsel, 

who will act upon it in consultation 

with the CFPB’s Associate Director for 

Supervision and Enforcement or with 

other appropriate CFPB personnel. 

Requests should describe the nature of 

the confidential information and 

documents sought and the purposes for 

which it will be used. Requests should 

also identify the agency’s legal authority 

for requesting the documents and any 

provisions that restrict CFPB’s 

disclosure. Finally, the requests should 

state that the requesting agency will 

maintain the requested confidential 

information in accordance with these 

rules and in a manner that conforms to 

the standards that apply to federal 

agencies for the protection of the 

confidentiality of personally identifiable 

information and for data security and 

integrity. Moreover, the requests should 

commit the agencies to adhere to any 

additional conditions or limitations that 

the CFPB, in its discretion, decides to 

impose. 

Section 1070.43(c) clarifies that 

requests by state agencies for 

information or records of the CFPB that 

do not constitute confidential 

information must be made in 

accordance with the CFPB’s FOIA 

regulations set forth in subpart B. 

Sections 1070.43(d) permit certain 

federal and state agencies to negotiate 

agreements that provide for standing 

requests for the exchange of confidential 

information. 

Section 1070.44 states that nothing in 

this part limits the CFPB’s discretion to 

disclose confidential consumer 

complaint information, to the extent 

permitted by law, to the extent that such 

disclosure is necessary to investigate, 

resolve, or otherwise respond to 

consumer complaints or inquires 

regarding financial institutions or 

consumer financial products and 

services. 

Section 1070.45(a) permits the CFPB 

to affirmatively disclose confidential 

investigative information, such as civil 

investigative demand material and other 

confidential information that becomes 

part of the CFPB’s investigative files, 

during the course of the CFPB’s 

investigations and enforcement 

proceedings. Thus, the CFPB may 

disclose confidential information to its 

enforcement personnel and in 

investigational hearings and witness 

interviews, as is reasonably necessary, 

and to Congress upon request. The 

CFPB may also disclose confidential 

information in administrative or court 

proceedings to which the CFPB is a 

party. In the case of confidential 

investigatory material that contains any 

trade secret or privileged or confidential 

commercial or financial information, as 

claimed by designation by the submitter 

of such material, or confidential 

supervisory information, the submitter 

may seek an appropriate protective or in 

camera order prior to disclosure of such 

material in a proceeding. Furthermore, 

the CFPB may disclose confidential 

information to law enforcement and 

other government agencies in 

accordance with this subpart and as 

required under any other applicable 

law. 

Section 1070.46 provides that 

notwithstanding the other rules in 

subpart D that restrict the circumstances 

under which the CFPB may disclose 

confidential information, the Director 

may authorize other disclosures of 

confidential information to the extent 

permitted by law. The CFPB does not 

intend for this provision to eviscerate 

the prohibition in section 1070.41 on 

the disclosure of confidential 

information. The CFPB intends for this 

provision to account for circumstances 

in which there is an unforeseen and 

exigent need for the CFPB to disclose 

confidential information for purposes or 

in a manner not otherwise provided for 

in these regulations. To circumscribe 

the extent to which the CFPB utilizes 

this provision to disclose confidential 

information, this section provides that 

the disclosure of confidential 

information may occur only with the 

prior written authorization of the 

Director. The responsibility may not be 

delegated by the Director, except that a 

person authorized by law to perform the 

functions of the Director may also 

exercise this responsibility. For 

example, pursuant to section 1066 of the 

Act, the Treasury Secretary may perform 

this function in the absence of a 

Director. 

Section 1070.46(b) requires the CFPB 

to provide prior written notice to the 

person to whom the confidential 

information pertains (to the extent that 

the CFPB deems such notice to be 

appropriate under the circumstances) 

that the CFPB intends to disclose its 

confidential information, in accordance 

with this section. We note that the other 

federal bank regulatory agencies retain 

similar discretion to disclose 

confidential information. 

Section 1070.47(a) declares the 

CFPB’s retained ownership of any 

confidential information it discloses to 

federal or state agencies, to supervised 

financial institutions, or to other 

persons as provided in subpart D. It 

prohibits further disclosures of such 

information without the CFPB’s prior 

written authorization. It directs 

recipients of confidential information 

who receive requests or demands for its 

further disclosure to refer such requests 

or demands to the CFPB, afford the 

CFPB an opportunity to respond or 

intervene, and to assert legal 

exemptions or privileges on the CFPB’s 

behalf if so requested. To the extent that 

requests for confidential information are 

made pursuant to the FOIA, the Privacy 

Act, or state law equivalents of those 

statutes, section 1070.47(a)(3) requires 

federal or state agency recipients to refer 

such requests to the CFPB for its 

response. As provided by section 

1070.47(a)(4), nothing in this section 

precludes a recipient of confidential 

information under subpart D from 

disclosing such information pursuant to 

a valid federal court order or a request 

or demand from a duly authorized 

committee of the United States 

Congress. In such cases where 

disclosure is compulsory, the disclosing 

party shall use its best efforts to secure 

a protective order or agreement that 

maintains the confidentiality of the 

confidential information disclosed. 

Section 1070.47(b) permits the CFPB 

to impose any additional conditions or 

limitations that it deems prudent upon 

its disclosures of confidential 

information to other agencies or 

persons. 

Section 1070.47(c) clarifies that 

disclosures of confidential information 

pursuant to subpart D are not intended 

and should not be construed to 

constitute a waiver of any privileges that 

are otherwise available to the CFPB or 


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2Section 1022(b)(2)(A) addresses the 

consideration of the potential benefits and costs of 

regulation to consumers and industry, including the 

potential reduction of access by consumers to 

consumer financial products or services; the impact 

of proposed rules on depository institutions and 

credit unions with $10 billion or less in total assets 

as described in Section 1026 of the Dodd-Frank Act; 

and the impact on consumers in rural areas. 

to any agency or person with respect to 

this confidential information. 

E. Summary of Subpart E: The Privacy 

Act 

Subpart E contains the CFPB’s rules 

that implement the Privacy Act of 1974, 

5 U.S.C. 552a. The Privacy Act serves to 

balance the government’s need to 

maintain information about individuals 

with the rights of individuals to be 

protected against unwarranted invasions 

of their privacy stemming from federal 

agencies’ collection, maintenance, use, 

and disclosure of personal information 

about them. 

The regulations in this subpart 

implement the Privacy Act, as required 

by 5 U.S.C. 552a(f), by establishing 

procedures by which the public may 

request access to information or records 

that the CFPB maintains about them, 

request amendment or correction of 

such information or records, and request 

an accounting of disclosures of their 

records by the CFPB. 

As with its FOIA regulations, the 

CFPB modeled its Privacy Act 

regulations upon regulations 

promulgated by the other federal 

agencies, including the Treasury 

Department. Because most of the CFPB’s 

Privacy Act regulations track the statute 

itself and set forth requirements and 

procedures that are typical of most 

federal agencies, we do not deem it 

necessary to provide a detailed analysis 

of these regulations. 

Nevertheless, we briefly summarize 

and discuss section 1070.60(a) of 

subpart E, which identifies three 

systems of records (CFPB.002 

Depository Institution Supervision 

Database, CFPB.003 Non-Depository 

Institution Supervision Database, and 

CFPB.004 Enforcement Database) that, 

pursuant to 5 U.S.C. 552a(k)(2), the 

CFPB has exempted from requirements 

of the Privacy Act that otherwise grant 

the public access to the CFPB’s records 

contained within these systems of 

records, 5 U.S.C. 552a(d), require the 

CFPB to account for disclosures of 

records contained in the systems of 

records, id. at 552a(c)(3) require the 

CFPB to maintain in such systems only 

as much information about individuals 

as is relevant and necessary to 

accomplish the CFPB’s statutory 

mission, id. at 552(e)(1), and require the 

CFPB to publish certain information 

about these systems and how to access 

them. Id. at 552a(e)(1), (e)(4)(G)–(I), (f). 

The CFPB has exempted these three 

systems of records from the foregoing 

requirements of the Privacy Act because 

these systems of records will contain 

information relating to the CFPB’s 

supervision of financial institutions and 

its investigations into violations of and 

its enforcement of the federal consumer 

financial laws. Because the CFPB’s 

supervision and enforcement activities 

may examine or target the conduct of 

individuals, granting such individuals 

access to the CFPB’s information about 

them and publishing accounts of the 

CFPB’s disclosure of such information 

could interfere with or undermine these 

activities. For example, granting 

individuals access to the CFPB’s 

examination and investigative records 

regarding them could reveal to the 

individuals that their conduct is of 

interest to the CFPB or is a target of its 

examinations or investigations, thereby 

leading such individuals to conceal, 

alter, destroy, or fabricate evidence. 

The exemption is also needed in order 

to encourage persons having knowledge 

of violations of the federal consumer 

financial laws to report such 

information, and to protect such sources 

from embarrassment or recrimination, as 

well as to protect their right to privacy. 

It is essential that the identities of all 

individuals who furnish information 

under an express promise of 

confidentiality be protected. 

III. Procedural Requirements 

The CFPB has determined that good 

cause exists, pursuant to 5 U.S.C. 

553(b), to publish these regulations as 

an interim final rule. When the CFPB is 

authorized on July 21, 2011 to begin 

exercising various regulatory 

authorities, it will be necessary to 

promptly establish procedures to 

facilitate the CFPB’s interactions with 

the public. The CFPB’s failure to 

promptly establish such procedures will 

impair the public’s right to gain access 

to information about the CFPB and 

about themselves that the CFPB 

maintains. The absence of 

confidentiality regulations will also 

impair the confidentiality and privacy 

rights of those who submit sensitive 

information to the CFPB as well as the 

ability of the CFPB to use that 

information to carry out its statutory 

mission. Furthermore, the CFPB has 

consulted other federal financial 

regulatory agencies and the Office of 

Government Information Services about 

the interim final rule. Thus, the CFPB 

concludes that notice and public 

comment are unnecessary for these 

regulations and that delay will be 

contrary to the public interest. For the 

same reasons, the CFPB has determined 

that this interim rule should be issued 

without a delayed effective date 

pursuant to 5 U.S.C. 553(d)(3). 

The CFPB further concludes that 

subpart D of the interim final rule, 

which governs the disclosure of the 

CFPB’s confidential information, 

constitutes an agency rule of 

organization, procedure, or practice that 

is exempt from notice and public 

comment pursuant to 5 U.S.C. 553(b). 

Notwithstanding these conclusions, 

the CFPB invites public comment on 

this interim final rule. 

Because no notice of proposed 

rulemaking is required, the provisions 

of the Regulatory Flexibility Act (5 

U.S.C. Chapter 6) do not apply. 

The regulations in this part do not 

contain any information collection 

requirement that requires the approval 

of OMB under the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. 

The CFPB has conducted an analysis 

of benefits, costs, and impacts 2 and 

consulted with appropriate Federal 

agencies. In developing the interim final 

rule, the CFPB considered potential 

benefits and costs to consumers and 

covered persons, including the impact 

on access to consumer financial 

products and services. The CFPB 

concludes that the interim final rule 

will benefit consumers and covered 

persons by granting them access, as 

required by the Freedom of Information 

Act, 5 U.S.C. 552, and the Privacy Act 

of 1974, 5 U.S.C. 552a, to certain records 

and information of the CFPB. It will also 

benefit consumers and covered persons 

by protecting the confidentiality of 

sensitive information that pertains to 

them and which the CFPB receives or 

generates during the course of its work. 

The interim final rule will not impose 

any obligations on consumers or 

covered persons and it does not have 

any direct relevance to consumers’ 

access to consumer financial products 

and services. Although the interim final 

rule allows the CFPB to disclose 

confidential information outside of the 

CFPB in certain instances, such 

disclosures are largely required by the 

Act or are consistent with disclosure 

practices of the other federal financial 

regulatory agencies. Any costs that may 

ensue from such disclosures are likely 

to be minimal because the rule restricts 

the circumstances under which 

confidential information may be 

disclosed, the permissible recipients of 

such disclosed information, the further 

disclosure and dissemination of such 

information by its recipients, and in 

many instances, the rule requires prior 


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notice of disclosure to affected persons. 

Moreover, the sharing of confidential 

information that the interim final rule 

contemplates is necessary for the 

CFPB—along with other federal and 

state agencies that share the CFPB’s 

responsibilities regarding the 

supervision of financial institutions and 

the enforcement of consumer financial 

laws—to fulfill these responsibilities 

effectively, efficiently, and to the overall 

benefit of consumers and covered 

persons alike. 

The CFPB has consulted with the 

prudential regulators and the 

Department of Housing and Urban 

Development, including with regard to 

the consistency of such rules with the 

prudential, market, or systemic 

objectives administered by such 

agencies. 

List of Subjects in 12 CFR Part 1070 

Confidential business information, 

consumer protection, freedom of 

information, privacy. 

For the reasons set forth above, the 

Bureau of Consumer Financial 

Protection amends Chapter X in Title 12 

of the Code of Federal Regulations by 

adding a new part 1070 to read as 

follows: 

TITLE 12—BANKS AND BANKING 

CHAPTER X—BUREAU OF CONSUMER 

FINANCIAL PROTECTION 

PART 1070—DISCLOSURE OF 

RECORDS AND INFORMATION 

Subpart A—General Provisions and 

Definitions 

Sec. 

1070.1 Authority, purpose and scope. 

1070.2 General definitions. 

1070.3 Custodian of records; certification; 

alternative authority. 

1070.4 Records of the CFPB not to be 

otherwise disclosed. 

Subpart B—Freedom of Information Act 

1070.10 General. 

1070.11 Information made available; 

discretionary disclosures. 

1070.12 Publication in the Federal Register. 

1070.13 Public inspection and copying. 

1070.14 Requests for CFPB records. 

1070.15 Responsibility for responding to 

requests for CFPB records. 

1070.16 Timing of responses to requests for 

CFPB records. 

1070.17 Requests for expedited processing. 

1070.18 Responses to requests for CFPB 

records. 

1070.19 Classified information. 

1070.20 Requests for business information 

provided to the CFPB. 

1070.21 Administrative appeals. 

1070.22 Fees for processing requests for 

CFPB records. 

1070.23 Authority and responsibilities of 

the Chief FOIA Officer. 

Subpart C—Disclosure of CFPB Information 

in Connection With Legal Proceedings 

1070.30 Purpose and scope; definitions. 

1070.31 Service of summonses and 

complaints. 

1070.32 Service of subpoenas, court orders, 

and other demands for CFPB information 

or action. 

1070.33 Testimony and production of 

documents prohibited unless approved 

by the General Counsel. 

1070.34 Procedure when testimony or 

production of documents is sought; 

general. 

1070.35 Procedure when response to 

demand is required prior to receiving 

instructions. 

1070.36 Procedure in the event of an 

adverse ruling. 

1070.37 Considerations in determining 

whether the CFPB will comply with a 

demand or request. 

1070.38 Prohibition on providing expert or 

opinion testimony. 

Subpart D—Confidential Information 

1070.40 Purpose and scope. 

1070.41 Non-disclosure of confidential 

information. 

1070.42 Disclosure of confidential 

supervisory information to and by 

supervised financial institutions. 

1070.43 Disclosure of confidential 

information to law enforcement agencies 

and other government agencies. 

1070.44 Disclosure of confidential 

consumer complaint information. 

1070.45 Affirmative disclosure of 

confidential information. 

1070.46 Other disclosures of confidential 

information. 

1070.47 Other rules regarding the 

disclosure of confidential information. 

Subpart E—Privacy Act 

1070.50 Purpose and scope; definitions. 

1070.51 Authority and responsibilities of 

the Chief Privacy Officer. 

1070.52 Fees. 

1070.53 Request for access to records. 

1070.54 CFPB procedures for responding to 

a request for access. 

1070.55 Special procedures for medical 

records. 

1070.56 Request for amendment of records. 

1070.57 CFPB review of a request for 

amendment of records. 

1070.58 Appeal of adverse determination of 

request for access or amendment. 

1070.59 Restrictions on disclosure. 

1070.60 Exempt records. 

1070.61 Training; rules of conduct; 

penalties for non-compliance. 

1070.62 Preservation of records. 

1070.63 Use and collection of Social 

Security numbers. 

Authority: 12 U.S.C. 3401; 12 U.S.C. 5481 

et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 

1905; 18 U.S.C. 641; 44 U.S.C. ch. 30; 5 

U.S.C. 301. 

Subpart A—General Provisions and 

Definitions 

§ 1070.1 Authority, purpose, and scope. 

(a) Authority. (1) This part is issued 

by the Bureau of Consumer Financial 

Protection, an independent Bureau 

within the Federal Reserve System, 

pursuant to the Consumer Financial 

Protection Act of 2010, 12 U.S.C. 5481 

et seq.; the Freedom of Information Act, 

5 U.S.C. 552; the Privacy Act of 1974, 

5 U.S.C. 552a; the Federal Records Act, 

44 U.S.C. 3101; the Paperwork 

Reduction Act, 44 U.S.C. 3510; the Right 

to Financial Privacy Act of 1978, 12 

U.S.C. 3401; the Trade Secrets Act, 18 

U.S.C. 1905; 18 U.S.C. 641; and any 

other applicable law that establishes a 

basis for the exercise of governmental 

authority by the CFPB. 

(2) This part establishes mechanisms 

for carrying out the CFPB’s statutory 

responsibilities under the statutes in 

paragraph (a)(1) of this section to the 

extent those responsibilities require the 

disclosure, production, or withholding 

of information. In this regard, the CFPB 

has determined that the CFPB, and its 

delegates, may disclose information of 

the CFPB, in accordance with the 

procedures set forth in this part, 

whenever it is necessary or appropriate 

to do so in the exercise of any of the 

CFPB’s authority. The CFPB has 

determined that all such disclosures, 

made in accordance with the rules and 

procedures specified in this part, are 

authorized by law. 

(b) Purpose and scope. This part 

contains the CFPB’s rules relating to the 

disclosure of records and information 

generated by and obtained by the CFPB. 

(1) Subpart A contains general 

provisions and definitions used in this 

part. 

(2) Subpart B implements the 

Freedom of Information Act, 5 U.S.C. 

552. 

(3) Subpart C sets forth the procedures 

with respect to subpoenas, orders, or 

other requests for CFPB information in 

connection with legal proceedings. 

(4) Subpart D provides for the 

protection of confidential information 

and procedures for sharing confidential 

information with supervised 

institutions, government agencies, and 

others in certain circumstances. 

(5) Subpart E implements the Privacy 

Act of 1974, 5 U.S.C. 552a. 

§ 1070.2 General definitions. 

For purposes of this part: 

(a) Business day means any day 

except Saturday, Sunday or a legal 

federal holiday. 

(b) CFPB means the Bureau of 

Consumer Financial Protection. 


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(c) Chief FOIA Officer means the Chief 

Operating Officer of the CFPB, or any 

CFPB employee to whom the Chief 

Operating Officer has delegated 

authority to act under this part. 

(d) Chief Operating Officer means the 

Chief Operating Officer of the CFPB, or 

any CFPB employee to whom the Chief 

Operating Officer has delegated 

authority to act under this part. 

(e) Civil investigative demand 

material means any documentary 

material, written report, or answers to 

questions, tangible thing, or transcript of 

oral testimony received by the CFPB in 

any form or format pursuant to a civil 

investigative demand, as those terms are 

set forth in 12 U.S.C. 5562, or received 

by the CFPB voluntarily in lieu of a civil 

investigative demand. 

(f) Confidential information means 

confidential consumer complaint 

information, confidential investigative 

information, and confidential 

supervisory information, as well as any 

other CFPB information that may be 

exempt from disclosure under the 

Freedom of Information Act pursuant to 

5 U.S.C. 552(b). Confidential 

information does not include 

information contained in records that 

have been made publicly available by 

the CFPB or information that has 

otherwise been publicly disclosed by an 

employee with the authority to do so. 

(g) Confidential consumer complaint 

information means information received 

or generated by the CFPB, pursuant to 

12 U.S.C. 5493 and 5534, that comprises 

or documents consumer complaints or 

inquiries concerning financial 

institutions or consumer financial 

products and services and responses 

thereto, to the extent that such 

information is exempt from disclosure 

pursuant to 5 U.S.C. 552(b). 

(h) Confidential investigative 

information means: 

(1) Civil investigative demand 

material; and 

(2) Any documentary material 

prepared by, on behalf of, received by, 

or for the use by the CFPB or any other 

federal or state agency in the conduct of 

an investigation of or enforcement 

action against a person, and any 

information derived from such 

documents. 

(i)(1) Confidential supervisory 

information means: 

(i) Reports of examination, inspection 

and visitation, non-public operating, 

condition, and compliance reports, and 

any information contained in, derived 

from, or related to such reports; 

(ii) Any documents, including reports 

of examination, prepared by, or on 

behalf of, or for the use of the CFPB or 

any other federal, state, or foreign 

government agency in the exercise of 

supervisory authority over a financial 

institution, and any information derived 

from such documents; 

(iii) any communications between the 

CFPB and a supervised financial 

institution or a federal, state, or foreign 

government agency related to the 

CFPB’s supervision of the institution; 

(iv) Any information provided to the 

CFPB by a financial institution to enable 

the CFPB to monitor for risks to 

consumers in the offering or provision 

of consumer financial products or 

services, or to assess whether an 

institution should be considered a 

covered person, as that term is defined 

by 12 U.S.C. 5481; and/or 

(v) Information that is exempt from 

disclosure pursuant to 5 U.S.C. 

552(b)(8). 

(2) Confidential supervisory 

information does not include 

documents prepared by a financial 

institution for its own business 

purposes and that the CFPB does not 

possess. 

(j) Director means the Director of the 

CFPB or his or her designee, or a person 

authorized to perform the functions of 

the Director in accordance with law. 

(k) Employee means all current 

employees or officials of the CFPB, 

including employees of contractors and 

any other individuals who have been 

appointed by, or are subject to the 

supervision, jurisdiction, or control of 

the Director, as well as the Director. The 

procedures established within this part 

also apply to former employees where 

specifically noted. 

(l) Financial institution means any 

person involved in the offering or 

provision of a ‘‘financial product or 

service,’’ including a ‘‘covered person’’ 

or ‘‘service provider,’’ as those terms are 

defined by 12 U.S.C. 5481. 

(m) General Counsel means the 

General Counsel of the CFPB or any 

CFPB employee to whom the General 

Counsel has delegated authority to act 

under this part. 

(n) Person means an individual, 

partnership, company, corporation, 

association (incorporated or 

unincorporated), trust, estate, 

cooperative organization, or other 

entity. 

(o) Report of examination means the 

report prepared by the CFPB concerning 

the examination or inspection of a 

supervised financial institution. 

(p) Supervised financial institution 

means a financial institution subject to 

the CFPB’s supervisory authority. 

§ 1070.3 Custodian of records; 

certification; alternative authority. 

(a) Custodian of records. The Chief 

Operating Officer is the official 

custodian of all records of the CFPB, 

including records that are in the 

possession or control of the CFPB or any 

CFPB employee. 

(b) Certification of record. The Chief 

Operating Officer may certify the 

authenticity of any CFPB record or any 

copy of such record, for any purpose, 

and for or before any duly constituted 

federal or state court, tribunal, or 

agency. 

(c) Alternative authority. Any action 

or determination required or permitted 

to be done by the Chief Operating 

Officer may be done by any employee 

who has been duly designated for this 

purpose by the Chief Operating Officer. 

§ 1070.4 Records of the CFPB not to be 

otherwise disclosed. 

Except as provided by this part, 

employees or former employees of the 

CFPB, or others in possession of a 

record of the CFPB that the CFPB has 

not already made public, are prohibited 

from disclosing such records, without 

authorization, to any person who is not 

an employee of the CFPB. 

Subpart B—Freedom of Information 

Act 

§ 1070.10 General. 

This subpart contains the regulations 

of the CFPB implementing the Freedom 

of Information Act (the ‘‘FOIA’’), 5 

U.S.C. 552, as amended. These 

regulations set forth procedures for 

requesting access to records maintained 

by the CFPB. These regulations should 

be read together with the FOIA, the 

1987 Office of Management and Budget 

Guidelines for FOIA Fees, the CFPB’s 

Privacy Act regulations set forth in 

subpart E, and the FOIA webpage on the 

CFPB’s Web site, http:// 

www.consumerfinance.gov, which 

provide additional information about 

this topic. 

§ 1070.11 Information made available; 

discretionary disclosures. 

(a) In general. The FOIA provides for 

public access to information and records 

developed or maintained by federal 

agencies. Generally, the FOIA divides 

agency information into three major 

categories and provides methods by 

which each category of information is to 

be made available to the public. The 

three major categories of information are 

as follows: 

(1) Information required to be 

published in the Federal Register (see 

section 1070.12 of this subpart); 

(2) Information required to be made 

available for public inspection and 

copying or, in the alternative, to be 

published and offered for sale (see 

section 1070.13 of this subpart); and 


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(3) Information required to be made 

available to any member of the public 

upon specific request (see sections 

1070.14 through 1070.22 of this 

subpart). 

(b) Discretionary disclosures. Even 

though a FOIA exemption may apply to 

the information or records requested, 

the CFPB may, if not precluded by law, 

elect under the circumstances not to 

apply the exemption. The fact that the 

exemption is not applied by the CFPB 

in response to a particular request shall 

have no precedential significance in 

processing other requests, but is merely 

an indication that, in the processing of 

the particular request, the CFPB finds 

no necessity for applying the 

exemption. 

(c) Disclosures of records frequently 

requested. Subject to the application of 

the FOIA exemptions and exclusions (5 

U.S.C. 552(b) and (c)), the CFPB shall 

make publicly available, as provided by 

section 1070.13 of this subpart, all 

records regardless of form or format, 

which have been released previously to 

any person under 5 U.S.C. 552(a)(3) and 

sections 1070.14 through 1070.22 of this 

subpart, and which the CFPB 

determines have become or are likely to 

become the subject of subsequent 

requests for substantially the same 

records because they are clearly of 

interest to the public at large. When the 

CFPB receives three (3) or more requests 

for substantially the same records, then 

the CFPB shall also make the released 

records publicly available. 

§ 1070.12 Publication in the Federal 

Register. 

(a) Requirement. The CFPB shall 

separately state, publish and maintain 

current in the Federal Register for the 

guidance of the public the following 

information: 

(1) Descriptions of its central and field 

organization and the established place 

at which, the persons from whom, and 

the methods whereby, the public may 

obtain information, make submissions 

or requests, or obtain decisions; 

(2) Statements of the general course 

and method by which its functions are 

channeled and determined, including 

the nature and requirements of all 

formal and informal procedures 

available; 

(3) Rules of procedure, descriptions of 

forms available or the places at which 

forms may be obtained, and instructions 

as to the scope and contents of all 

papers, reports, or examinations; 

(4) Substantive rules of general 

applicability adopted as authorized by 

law, and statements of general policy or 

interpretations of general applicability 

formulated and adopted by the CFPB; 

and 

(5) Each amendment, revision, or 

repeal of matters referred to in 

paragraphs (a)(1) through (4) of this 

section. 

(b) Exceptions. Publication of the 

information under clause (a) of this 

subpart shall be subject to the 

application of the FOIA exemptions and 

exclusions (5 U.S.C. 552(b) and (c)) and 

the limitations provided in 5 U.S.C. 

552(a)(1). 

§ 1070.13 Public inspection and copying. 

(a) In general. Subject to the 

application of the FOIA exemptions and 

exclusions (5 U.S.C. 552(b) and (c)), the 

CFPB shall, in conformance with 5 

U.S.C. 552(a)(2), make available for 

public inspection and copying, 

including by posting on the CFPB’s Web 

site, http://www.consumerfinance.gov, 

or, in the alternative, promptly publish 

and offer for sale the following 

information: 

(1) Final opinions, including 

concurring and dissenting opinions, and 

orders made in the adjudication of 

cases; 

(2) Those statements of policy and 

interpretations which have been 

adopted by the CFPB but are not 

published in the Federal Register; 

(3) Its administrative staff manuals 

and instructions to staff that affect a 

member of the public; 

(4) Copies of all records made 

publicly available pursuant to section 

1070.11 of this subpart; and 

(5) A general index of the records 

referred to in paragraph (a)(4) of this 

section. 

(b) Information made available 

online. For records required to be made 

available for public inspection and 

copying pursuant to 5 U.S.C. 552(a)(2) 

(paragraphs (a)(1) through (4) of this 

section), as soon as practicable, the 

CFPB shall make such records available 

on its e-FOIA Library, located at 

http://www.consumerfinance.gov. 

(c) Record availability at the on-site eFOIA Library. Any member of the public 

may, upon request, access the CFPB’s eFOIA Library via a computer terminal at 

1801 L Street, NW., Washington, DC 

20036. Such a request may be made by 

electronic means as set forth on the 

CFPB’s Web site, http:// 

www.consumerfinance.gov, or in 

writing, to the Chief FOIA Officer, 

Bureau of Consumer Financial 

Protection, 1801 L Street, NW., 

Washington, DC 20036. The request 

must indicate a preferred date and time 

for the requested access. The CFPB 

reserves the right to arrange a different 

date and time with the requester, if 

necessary. 

(d) Redaction of identifying details. 

To prevent a clearly unwarranted 

invasion of personal privacy, the CFPB 

may redact identifying details contained 

in any matter described in paragraphs 

(a)(1) through (4) of this section before 

making such matters available for 

inspection or publication. The 

justification for the redaction shall be 

explained fully in writing, and the 

extent of such redaction shall be 

indicated on the portion of the record 

which is made available or published, 

unless including that indication would 

harm an interest protected by the 

exemption in 5 U.S.C. 552(b) under 

which the redaction is made. If 

technically feasible, the extent of the 

redaction shall be indicated at the place 

in the record where the redaction is 

made. 

§ 1070.14 Requests for CFPB records. 

(a) In general. Subject to the 

application of the FOIA exemptions and 

exclusions (5 U.S.C. 552(b) and (c)), the 

CFPB shall promptly make its records 

available to any person pursuant to a 

request that conforms to the rules and 

procedures of this section. 

(b) Form of request. A request for 

records of the CFPB shall be made in 

writing or by electronic means. 

(1) If a request is made in writing, it 

shall be addressed to the Chief FOIA 

Officer, Bureau of Consumer Financial 

Protection, 1801 L Street, NW., 

Washington, DC 20036. The request 

shall be labeled ‘‘Freedom of 

Information Act Request.’’ 

(2) If a request is made by electronic 

means, it shall be submitted as set forth 

on the CFPB’s Web site, http:// 

www.consumerfinance.gov. The request 

shall be labeled ‘‘Freedom of 

Information Act Request.’’ 

(c) Content of request. (1) In order to 

ensure the CFPB’s ability to respond in 

a timely manner, a FOIA request should 

describe the records that the requester 

seeks in sufficient detail to enable CFPB 

personnel to locate them with a 

reasonable amount of effort. Whenever 

possible, the request should include 

specific information about each record 

sought, such as the date, title or name, 

author, recipient, and subject matter of 

the record. If known, the requester 

should include any file designations or 

descriptions for the records requested. 

As a general rule, the more specific the 

requester is about the records or type of 

records requested, the more likely the 

CFPB will be able to locate those 

records in response to the request; 

(2) In order to ensure the CFPB’s 

ability to communicate effectively with 


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the requester, a request should include 

contact information for the requester, 

including, to the extent available, a 

mailing address, telephone number, and 

e-mail address at which the CFPB may 

contact the requester regarding the 

request; 

(3) The request should state whether 

the requester wishes to inspect the 

records or desires to receive an 

electronic copy or have a copy made 

and furnished without first inspecting 

the records; 

(4) For the purpose of determining 

any fees that may apply to processing a 

request, a requester should indicate in 

the request whether the requester is a 

commercial user, an educational 

institution, non-commercial scientific 

institution, representative of the news 

media, governmental entity, or ‘‘other’’ 

requester, as those terms are defined in 

section 1070.22(b) of this subpart, and 

the basis for claiming that fee category. 

Requesters may seek assistance in 

determining the appropriate fee category 

by contacting the CFPB’s FOIA Public 

Liaison at the telephone number listed 

on the CFPB’s Web site, http:// 

www.consumerfinance.gov. The CFPB 

will use any information provided to the 

FOIA Public Liaison solely for the 

purpose of determining the appropriate 

fee category that applies to the 

requester; 

(5) If a requester seeks a waiver or 

reduction of fees associated with 

processing a request, then the request 

shall include a statement to that effect 

as is required by section 1070.22(e) of 

this subpart. Any request that does not 

seek a waiver or reduction of fees 

constitutes an agreement of the 

requester to pay any and all fees (of up 

to $25) that may apply to the request, as 

otherwise set forth in section 1070.22 of 

this subpart, except that the requester 

may specify in the request an upper 

limit (of not less than $25) that the 

requester is willing to pay to process the 

request; and 

(6) If a requester seeks expedited 

processing of a request, then the request 

must include a statement to that effect 

as is required by section 1070.17 of this 

subpart. 

(d) Perfected requests; effect of 

request deficiencies. For purposes of 

computing its deadline to respond to a 

request, the CFPB will deem itself to 

have received a request only if, and on 

the date that, it receives a request that 

contains all of the information required 

by and that otherwise conforms with 

paragraphs (b) and (c) of this section. A 

request that another agency refers to the 

CFPB will be deemed to have been 

received by the CFPB on the date the 

request was received from the referring 

agency. The CFPB need not accept a 

request, process a request, or be bound 

by any deadlines in this subpart for 

processing a request that fails to 

conform to the requirements of 

paragraphs (b) and (c) of this section. If 

a request is deficient in any material 

respect, then the CFPB may return it to 

the requester and advise the requester in 

what respect the request is deficient, 

and what additional information is 

needed to respond to the request. The 

requester may then amend or resubmit 

the request. A determination by the 

CFPB that a request is deficient in any 

respect is not a denial of a request for 

records and such determinations are not 

subject to appeal. If a requester fails to 

respond to a CFPB notification that a 

request is deficient within thirty (30) 

days of the CFPB’s notification, the 

CFPB will deem the request withdrawn. 

(e) Requests by an individual for 

CFPB records pertaining to that 

individual. An individual who wishes 

to inspect or obtain copies of records of 

the Bureau that pertain to that 

individual shall file a request in 

accordance with subpart E of these 

rules. 

(f) Requests for CFPB records 

pertaining to another individual. Where 

a request for records pertains to a third 

party, a requester may receive greater 

access by submitting either a notarized 

authorization signed by that individual 

or a declaration by that individual made 

in compliance with the requirements set 

forth in 28 U.S.C. 1746 authorizing 

disclosure of the records to the 

requester, or submits proof that the 

individual is deceased (e.g., a copy of a 

death certificate or an obituary). The 

CFPB may require a requester to supply 

additional information if necessary in 

order to verify that a particular 

individual has consented to disclosure. 

§ 1070.15 Responsibility for responding to 

requests for CFPB records. 

(a) In general. In determining which 

records are responsive to a request, the 

CFPB ordinarily will include only 

records in its possession as of the date 

the CFPB begins its search for them. If 

any other date is used, the CFPB shall 

inform the requester of that date. 

(b) Authority to grant or deny 

requests. The Chief FOIA Officer shall 

be authorized to grant or deny any 

request for a record of the CFPB. 

(c) Consultations and referrals. (1) 

When a requested record has been 

created by an agency other than the 

CFPB, the CFPB shall refer the record to 

the originating agency for a direct 

response to the requester. 

(2) When a FOIA request is received 

for a record created by the CFPB that 

includes information originated by 

another agency, the CFPB shall consult 

the originating agency for review and 

recommendation on disclosure. The 

CFPB shall not release any such records 

without prior consultation with the 

originating agency. 

(d) Notice of referral. Whenever the 

CFPB refers all or any part of the 

responsibility for responding to a 

request to another agency, it will notify 

the requester of the referral and inform 

the requester of the name of each agency 

to which the request has been referred, 

in whole or in part. 

§ 1070.16 Timing of responses to requests 

for CFPB records. 

(a) In general. Except as set forth in 

paragraphs (b) through (d) of this 

section, and § 1070.17 of this subpart, 

the CFPB shall respond to requests 

according to their order of receipt. 

(b) Multitrack processing. (1) The 

CFPB may establish separate tracks to 

process simple and complex requests. 

The CFPB may assign a request to the 

simple or complex track(s) based on the 

amount of work and/or time needed to 

process the request. The CFPB shall 

process requests in each track based on 

the date the request was perfected in 

accordance with section 1070.14(d). 

(2) The CFPB may provide a requester 

in its complex track with an opportunity 

to limit the scope of the request to 

qualify for faster processing within the 

specified limits of the simple track(s). 

(c) Time period for responding to 

requests for records. Ordinarily, the 

CFPB shall have twenty (20) business 

days from when a request is received by 

the CFPB to determine whether to grant 

or deny a request for records. The 

twenty (20) business day time period set 

forth in this paragraph shall not be 

tolled by the CFPB except that the CFPB 

may: 

(1) Make one reasonable demand to 

the requester for clarifying information 

about the request and toll the twenty 

(20) business day time period while it 

awaits the clarifying information; or 

(2) Toll the twenty (20) business day 

time period while it awaits clarification 

from or addresses any dispute with the 

requester regarding the assessment of 

fees. 

(d) Unusual circumstances. (1) Where 

the CFPB determines that due to 

unusual circumstances it cannot 

respond either to a request within the 

time period set forth in paragraph (c) of 

this section or to an appeal within the 

time period set forth in § 1070.21 of this 

subpart, the CFPB may extend the 

applicable time periods by informing 

the requester in writing of the unusual 

circumstances and of the date by which 


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the CFPB expects to complete its 

processing of the request or appeal. Any 

extension or extensions of time with 

respect to a request or an appeal shall 

not cumulatively total more than ten 

(10) business days. However, if the 

CFPB determines that it needs 

additional time beyond a ten (10) 

business day extension to process the 

request or appeal, then the CFPB shall 

notify the requester and provide the 

requester with an opportunity to limit 

the scope of the request or appeal or to 

arrange for an alternative time frame for 

processing the request or appeal or a 

modified request or appeal. The 

requester shall retain the right to define 

the desired scope of the request or 

appeal, as long as it meets the 

requirements contained in this subpart. 

(2) As used in this paragraph, unusual 

circumstances means: 

(i) The need to search for and collect 

the requested records from field 

facilities or other establishments that are 

separate from the office processing the 

request; 

(ii) The need to search for, collect, 

and appropriately examine a 

voluminous amount of separate and 

distinct records which are demanded in 

a single request; or 

(iii) The need for consultation, which 

shall be conducted with all practicable 

speed, with another agency having a 

substantial interest in the determination 

of the request, or among two or more 

CFPB offices having substantial subject 

matter interest therein. 

§ 1070.17 Requests for expedited 

processing. 

(a) In general. The CFPB shall process 

a request on an expedited basis 

whenever a requester demonstrates a 

compelling need for expedited 

processing in accordance with the 

requirements of this paragraph. 

(b) Form and content of a request for 

expedited processing. A request for 

expedited processing shall be made as 

follows: 

(1) A request for expedited processing 

shall be made in writing or by electronic 

means and submitted as part of a 

request for records in accordance with 

section 1070.14(b). When a request for 

records includes a request for expedited 

processing, the request shall be labeled 

‘‘Expedited Processing Requested.’’ 

(2) A request for expedited processing 

shall contain a statement that 

demonstrates a compelling need for the 

requester to obtain expedited processing 

of the requested records. 

A compelling need is defined as 

follows: 

(i) Failure to obtain the requested 

records on an expedited basis could 

reasonably be expected to pose an 

imminent threat to the life or physical 

safety of an individual. The requester 

shall fully explain the circumstances 

warranting such an expected threat so 

that the CFPB may make a reasoned 

determination that a delay in obtaining 

the requested records could pose such a 

threat; or 

(ii) With respect to a request made by 

a person primarily engaged in 

disseminating information, urgency to 

inform the public concerning actual or 

alleged federal government activity. A 

person ‘‘primarily engaged in 

disseminating information’’ does not 

include individuals who are engaged 

only incidentally in the dissemination 

of information. The standard of 

‘‘urgency to inform’’ requires that the 

records requested pertain to a matter of 

current exigency to the American public 

and that delaying a response to a request 

for records would compromise a 

significant recognized interest to and 

throughout the American general 

public. The requester must adequately 

explain the matter or activity and why 

the records sought are necessary to be 

provided on an expedited basis. 

(3) The requester shall certify the 

written statement that purports to 

demonstrate a compelling need for 

expedited processing to be true and 

correct to the best of the requester’s 

knowledge and belief. The certification 

must be in the form prescribed by 28 

U.S.C. 1746: ‘‘I declare under penalty of 

perjury that the foregoing is true and 

correct to the best of my knowledge and 

belief. Executed on [date].’’ The 

requester shall mail or submit 

electronically a copy of such written 

certification to the Chief FOIA Officer as 

set forth in Section 1070.14(b) of this 

subpart. The CFPB may waive this 

certification requirement in appropriate 

circumstances. 

(c) Determinations of requests for 

expedited processing. Within ten (10) 

calendar days of its receipt of a request 

for expedited processing, the CFPB shall 

decide whether to grant it and shall 

notify the requester of the determination 

in writing. 

(d) Effect of granting requests for 

expedited processing. If the CFPB grants 

a request for expedited processing, then 

the CFPB shall give the expedited 

request priority over non-expedited 

requests and shall process the expedited 

request as soon as practicable. The 

CFPB may assign expedited requests to 

their own simple and complex 

processing tracks based upon the 

amount of work and/or time needed to 

process them. Within each such track, 

an expedited request shall be processed 

in the order of its receipt. 

(e) Appeals of denials of requests for 

expedited processing. If the CFPB 

denies a request for expedited 

processing, then the requester shall have 

the right to submit an appeal of the 

denial determination in accordance 

with section 1070.21 of this subpart. 

The CFPB shall communicate this 

appeal right as part of its written 

notification to the requester denying 

expedited processing. The requester 

shall label its appeal request ‘‘Appeal 

for Expedited Processing.’’ The CFPB 

shall act expeditiously upon an appeal 

of a denial of a request for expedited 

processing. 

§ 1070.18 Responses to requests for CFPB 

records. 

(a) Acknowledgements of requests. 

Upon receipt of a perfected request, the 

CFPB will assign to the request a unique 

tracking number. The CFPB will send an 

acknowledgement letter to the requester 

by mail or email within ten (10) 

calendar days of receipt of the request. 

The acknowledgment letter will contain 

the following information: 

(1) The applicable request tracking 

number; 

(2) The date of receipt of the request, 

as determined in accordance with 

section 1070.14(d) of this subpart, as 

well as the date when the requester may 

expect a response; 

(3) A brief statement identifying the 

subject matter of the request; and 

(4) A confirmation, with respect to 

any fees that may apply to the request 

pursuant to section 1070.22 of this 

subpart, that the requester has sought a 

waiver or reduction in such fees, has 

agreed to pay any and all applicable 

fees, or has specified an upper limit (of 

not less than $25) that the requester is 

willing to pay in fees to process the 

request. 

(b) Initial determination to grant or 

deny a request. (1) The officer 

designated in section 1070.15(b) to this 

subpart, or his or her delegate, shall 

make initial determinations either to 

grant or to deny in whole or in part 

requests for records. 

(2) If the request is granted in full or 

in part, and if the requester requests a 

copy of the records requested, then a 

copy of the records shall be mailed or 

emailed to the requester in the 

requested format, to the extent the 

records are readily produceable in the 

requested format. The CFPB shall also 

send the requester a statement of the 

applicable fees, either at the time of the 

determination or shortly thereafter. 

(3) In the case of a request for 

inspection, the requester shall be 

notified in writing of the determination, 

when and where the requested records 


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may be inspected, and of the fees 

incurred in complying with the request. 

The CFPB shall then promptly make the 

records available for inspection at the 

time and place stated, in a manner that 

will not interfere with CFPB’s 

operations and will not exclude other 

persons from making inspections. The 

requester shall not be permitted to 

remove the records from the room 

where inspection is made. If, after 

making inspection, the requester desires 

copies of all or a portion of the 

requested records, copies shall be 

furnished upon payment of the 

established fees prescribed by section 

1070.22 of this subpart. Fees may be 

charged for search and review time as 

stated in section 1070.22 of this subpart. 

(4) If it is determined that the request 

for records should be denied in whole 

or in part, the requester shall be notified 

by mail or by email. The letter of 

notification shall: 

(i) State the exemptions relied upon 

in denying the request; 

(ii) If technically feasible, indicate the 

amount of information deleted and the 

exemptions under which the deletion is 

made at the place in the record where 

such deletion is made (unless providing 

such indication would harm an interest 

protected by the exemption relied upon 

to deny such material); 

(iii) Set forth the name and title or 

position of the responsible official; 

(iv) Advise the requester of the right 

to administrative appeal in accordance 

with § 1070.21 of this subpart; and 

(v) Specify the official or office to 

which such appeal shall be submitted. 

(5) If it is determined, after a 

reasonable search for records, that no 

responsive records have been found to 

exist, the requester shall be notified in 

writing or by email. The notification 

shall also advise the requester of the 

right to administratively appeal the 

CFPB’s determination that no 

responsive records exist (i.e., to 

challenge the adequacy of the CFPB’s 

search for responsive records) in 

accordance with section 1070.21 of this 

subpart. The response shall specify the 

official or office to which the appeal 

shall be submitted for review. 

§ 1070.19 Classified information. 

Whenever a request is made for a 

record containing information that 

another agency has classified, or which 

may be appropriate for classification by 

another agency under Executive Order 

13526 or any other executive order 

concerning the classification of 

information, the CFPB shall refer the 

responsibility for responding to the 

request to the classifying or originating 

agency, as appropriate. 

§ 1070.20 Requests for business 

information provided to the CFPB. 

(a) In general. Business information 

provided to the CFPB by a business 

submitter shall not be disclosed 

pursuant to a FOIA request except in 

accordance with this section. 

(b) Definitions. For purposes of this 

section: 

(1) Business information. means 

commercial or financial information 

obtained by the CFPB from a submitter 

that may be protected from disclosure 

under Exemption 4 of the FOIA, 5 

U.S.C. 552(b)(4). 

(2) Submitter. means any person from 

whom the CFPB obtains business 

information, directly or indirectly. The 

term includes, without limitation, 

corporations, state, local, and tribal 

governments, and foreign governments. 

(c) Designation of business 

information. A submitter of business 

information will use good-faith efforts to 

designate, by appropriate markings, 

either at the time of submission or at a 

reasonable time thereafter, any portions 

of its submission that it considers to be 

protected from disclosure under 

Exemption 4 of the FOIA. These 

designations will expire ten (10) years 

after the date of the submission unless 

the submitter requests otherwise and 

provides justification for, a longer 

designation period. 

(d) Notice to submitters. The CFPB 

shall provide a submitter with prompt 

written notice of receipt of a request or 

appeal encompassing its business 

information whenever required in 

accordance with paragraph (e) of this 

section. Such written notice shall either 

describe the exact nature of the business 

information requested or provide copies 

of the records or portions of records 

containing the business information. 

When notification of a voluminous 

number of submitters is required, 

notification may be made by posting or 

publishing the notice in a place 

reasonably likely to accomplish it. 

(e) When notice is required. (1) The 

CFPB shall provide a submitter with 

notice of receipt of a request or appeal 

whenever: 

(i) The information has been 

designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4; or 

(ii) The CFPB has reason to believe 

that the information may be protected 

from disclosure under Exemption 4. 

(2) The notice requirements of this 

subsection shall not apply if: 

(i) The CFPB determines that the 

information is exempt under the FOIA; 

(ii) The information lawfully has been 

published or otherwise made available 

to the public; 

(iii) Disclosure of the information is 

required by statute (other than the 

FOIA) or by a regulation issued in 

accordance with the requirements of 

Executive Order 12600 (3 CFR, 1988 

Comp., p. 235); or 

(iv) The designation made by the 

submitter under paragraph (1)(i) appears 

obviously frivolous, except that, in such 

a case, the CFPB shall, within a 

reasonable time prior to a specified 

disclosure date, give the submitter 

written notice of any final decision to 

disclose the information. 

(f) Opportunity to object to disclosure. 

(1) Through the notice described in 

paragraph (d) of this section, the CFPB 

shall afford a submitter ten (10) business 

days from the date of the notice to 

provide the CFPB with a detailed 

statement of any objection to disclosure. 

Such statement shall specify all grounds 

for withholding any of the information 

under any exemption of the FOIA and, 

in the case of Exemption 4, shall 

demonstrate why the information is 

considered to be a trade secret or 

commercial or financial information 

that is privileged or confidential. In the 

event that a submitter fails to respond 

to the notice within the time specified 

in it, the submitter shall be considered 

to have no objection to disclosure of the 

information. Information provided by a 

submitter pursuant to this paragraph 

may itself be subject to disclosure under 

the FOIA. 

(2) When notice is given to a 

submitter under this section, the 

requester shall be advised that such 

notice has been given to the submitter. 

The requester shall be further advised 

that a delay in responding to the request 

may be considered a denial of access to 

records and that the requester may 

proceed with an administrative appeal 

or seek judicial review, if appropriate. 

However, the requester will be invited 

to agree to a voluntary extension of time 

so that the CFPB may review the 

submitter’s objection to disclose, if any. 

(g) Notice of intent to disclose. The 

CFPB shall consider carefully a 

submitter’s objections and specific 

grounds for nondisclosure prior to 

determining whether to disclose 

business information. Whenever the 

CFPB decides to disclose business 

information over the objection of a 

submitter, the CFPB shall forward to the 

submitter a written notice which shall 

include: 

(1) A statement of the reasons for 

which the submitter’s disclosure 

objections were not sustained; 


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(2) A description of the business 

information to be disclosed; and 

(3) A specified disclosure date which 

is not less than ten (10) business days 

after the notice of the final decision to 

release the requested information has 

been mailed to the submitter. Except as 

otherwise prohibited by law, a copy of 

the disclosure notice shall be forwarded 

to the requester at the same time. 

(h) Notice to submitter of FOIA 

lawsuit. Whenever a requester brings 

suit seeking to compel disclosure of 

business information, the CFPB shall 

promptly notify the submitter of that 

business information of the existence of 

the suit. 

(i) Notice to requester of business 

information. The CFPB shall notify a 

requester whenever it provides the 

submitter with notice and an 

opportunity to object to disclosure; 

whenever it notifies the submitter of its 

intent to disclose the requested 

information; and whenever a submitter 

files a lawsuit to prevent the disclosure 

of the information. 

§ 1070.21 Administrative appeals. 

(a) Grounds for administrative 

appeals. A requester may appeal an 

initial determination of the CFPB, 

including for the following reasons: 

(1) To deny access to records in whole 

or in part (as provided in section 

1070.18(b) of this subpart); 

(2) To assign a particular fee category 

to the requestor (as provided in section 

1070.22(b) of this subpart); 

(3) To deny a request for a reduction 

or waiver of fees (as provided in section 

1070.22(e) of this subpart); 

(4) That no records exist that are 

responsive to the request (as provided in 

section 1070.18(b) of this subpart); or 

(5) To deny a request for expedited 

processing (as provided in section 

1070.17(e) of this subpart). 

(b) Time limits for filing 

administrative appeals. An appeal, 

other than an appeal of a denial of 

expedited processing, must be 

postmarked or submitted electronically 

on a date that is within forty-five (45) 

calendar days of the date of the initial 

determination or the date of the letter 

transmitting the last records released, 

whichever is later. An appeal of a denial 

of expedited processing must be made 

within ten (10) days of the date of the 

initial determination letter to deny 

expedited processing (see section 

1070.17 of this subpart). 

(c) Form and content of 

administrative appeals. In order to 

ensure a timely response to an appeal, 

the appeal shall be made in writing or 

by electronic means as follows: 

(1) If appeal is made in writing, it 

shall be addressed to and submitted to 

the officer specified in paragraph (e) of 

this section at the address set forth in 

§ 1070.14(b) of this subpart. The appeal 

shall be labeled ‘‘Freedom of 

Information Act Appeal.’’ 

(2) If an appeal is made by electronic 

means, it shall be addressed to the 

officer specified in paragraph (e) of this 

section and submitted as set forth on the 

CFPB’s Web site, http:// 

www.consumerfinance.gov. The appeal 

shall be labeled ‘‘Freedom of 

Information Act Appeal.’’ 

(3) The appeal shall set forth contact 

information for the requester, including, 

to the extent available, a mailing 

address, telephone number, or email 

address at which the CFPB may contact 

the requester regarding the appeal; and 

(4) The appeal shall specify the 

applicable request tracking number, the 

date of the initial request, and the date 

of the letter of initial determination, 

and, where possible, enclose a copy of 

the initial request and the initial 

determination being appealed. 

(d) Processing of administrative 

appeals. Appeals will be stamped with 

the date of their receipt by the FOIA 

response office, and will be processed in 

the order of their receipt. The receipt of 

the appeal will be acknowledged by the 

CFPB and the requester will be advised 

of the date the appeal was received, the 

appeal tracking number, and the 

expected date of response. 

(e) Determinations to grant or deny 

administrative appeals. The General 

Counsel is authorized to and shall 

decide whether to affirm the initial 

determination (in whole or in part) or to 

reverse the initial determination (in 

whole or in part) and shall notify the 

requester of this decision in writing 

within twenty (20) business days after 

the date of receipt of the appeal, unless 

extended pursuant to section 1070.16(d) 

of this subpart. 

(1) If it is decided that the appeal is 

to be denied (in whole or in part) the 

requester shall be: 

(i) Notified in writing of the denial; 

(ii) Notified of the reasons for the 

denial, including which of the FOIA 

exemptions were relied upon; 

(iii) Notified of the name and title or 

position of the official responsible for 

the determination on appeal; 

(iv) Provided with a statement that 

judicial review of the denial is available 

in the United States District Court for 

the judicial district in which the 

requester resides or has a principal 

place of business, the judicial district in 

which the requested records are located, 

or the District of Columbia in 

accordance with 5 U.S.C. 552(a)(4)(B); 

and 

(v) Provided with notification that 

mediation services are available to the 

requester as a non-exclusive alternative 

to litigation through the Office of 

Government Information Services in 

accordance with 5 U.S.C. 552(h)(3). 

(2) If the initial determination is 

reversed on appeal, the requester shall 

be so notified and the request shall be 

processed promptly in accordance with 

the decision on appeal. 

(f) Adjudication of administrative 

appeals of requests in litigation. An 

appeal ordinarily will not be 

adjudicated if the request becomes a 

matter of FOIA litigation. 

§ 1070.22 Fees for processing requests for 

CFPB records. 

(a) In general. The CFPB shall 

determine whether and to what extent 

to charge a requester fees for processing 

a FOIA request, for the services and in 

the amounts set forth in this paragraph, 

by determining an appropriate fee 

category for the requester (as set forth in 

paragraph (b) of this section) and then 

by charging the requester those fees 

applicable to the assigned category (as 

set forth in paragraph (c) of this section), 

unless circumstances exist (as described 

in paragraph (d) of this section) that 

render fees inapplicable or inadvisable 

or unless the requester has requested 

and the CFPB has granted a reduction in 

or waiver of fees (as set forth in 

paragraph (e) of this section). 

(1) The CFPB shall charge a requester 

fees for the cost of copying records at 

rates set forth on the CFPB’s Web site, 

http://www.consumerfinance.gov. 

(2) The CFPB shall charge a requester 

for all time spent by its employees 

searching for records that are responsive 

to a request. The CFPB shall charge the 

requester fees for search time as follows: 

(i) The CFPB shall charge for search 

time at the salary rate(s) (basic pay plus 

sixteen (16) percent) of the employee(s) 

who conduct the search. However, 

where a single class of employee is used 

exclusively (e.g., all administrative/ 

clerical, or all professional/executive), 

an average rate for the range of grades 

typically involved may be established. 

This charge shall include transportation 

of employees and records necessary to 

the search at actual cost. Fees may be 

charged for search time even if the 

search does not yield any responsive 

records, or if records are exempt from 

disclosure. 

(ii) The CFPB shall charge the 

requester for the actual direct cost of the 

search, including computer search time, 

runs, and the operator’s salary. The fee 

for computer output will be the actual 


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direct cost. For a requester in the ‘‘all 

other’’ category, when the cost of the 

search (including the operator time and 

the cost of operating the computer to 

process a request) equals the equivalent 

dollar amount of two hours of the salary 

of the person performing the search (i.e., 

the operator), the charge for the 

computer search will begin. 

(3) The CFPB shall charge a requester 

for time spent by its employees 

examining responsive records to 

determine whether any portions of such 

record are exempt from disclosure, 

pursuant to the FOIA exemptions of 5 

U.S.C. 552(b). The CFPB shall also 

charge a requester for time spent by its 

employees redacting any such exempt 

information from a record and preparing 

a record for release to the requester. The 

CFPB shall charge a requester for time 

spent reviewing records at the salary 

rate(s) (i.e., basic pay plus sixteen (16) 

percent) of the employees who conduct 

the review. However, when a single 

class of employee is used exclusively 

(e.g., all administrative/clerical, or all 

professional/executive), an average rate 

for the range of grades typically 

involved may be established. Fees shall 

be charged for review time even if 

records ultimately are not disclosed. 

(4) Fees for all services provided shall 

be charged whether or not copies are 

made available to the requester for 

inspection. However, no fee shall be 

charged for monitoring a requester’s 

inspection of records. 

(5) Other services and materials 

requested which are not covered by this 

part nor required by the FOIA are 

chargeable at the actual cost to the 

CFPB. This includes, but is not limited 

to: 

(i) Certifying that records are true 

copies; or 

(ii) Sending records by special 

methods such as express mail, etc. 

(b) Categories of requesters. (1) For 

purposes of assessing fees as set forth in 

this section, each requester shall be 

assigned to one of the following 

categories: 

(i) Commercial user refers to one who 

seeks information for a use or purpose 

that furthers the commercial, trade, or 

profit interests of the requester or the 

person on whose behalf the request is 

made, which can include furthering 

those interests through litigation. The 

CFPB may determine from the use 

specified in the request that the 

requester is a commercial user. 

(ii) Educational institution refers to a 

preschool, a public or private 

elementary or secondary school, an 

institution of graduate higher education, 

an institution of undergraduate higher 

education, an institution of professional 

education, and an institution of 

vocational education, which operates a 

program or programs of scholarly 

research. 

(iii) Non-commercial scientific 

institution refers to an institution that is 

not operated on a ‘‘commercial user’’ 

basis as that term is defined in 

paragraph (b)(2)(i) of this section, and 

which is operated solely for the purpose 

of conducting scientific research, the 

results of which are not intended to 

promote any particular product or 

industry. 

(iv) Representative of the news media 

refers to any person or entity that 

gathers information of potential interest 

to a segment of the public, uses its 

editorial skills to turn the raw materials 

into a distinct work, and distributes that 

work to an audience. In this 

subparagraph, the term ‘‘news’’ means 

information that is about current events 

or that would be of current interest to 

the public. Examples of news-media 

entities are television or radio stations 

broadcasting to the public at large and 

publishers of periodicals (but only if 

such entities qualify as disseminators of 

‘‘news’’) who make their products 

available for purchase by or 

subscription by or free distribution to 

the general public. Other examples of 

news media entities include online 

publications and Web sites that 

regularly deliver news content to the 

public. These examples are not allinclusive. Moreover, as methods of 

news delivery evolve (for example, the 

adoption of the electronic dissemination 

of newspapers through 

telecommunications services), such 

alternative media shall be considered to 

be news-media entities. A freelance 

journalist shall be regarded as working 

for a news-media entity if the journalist 

can demonstrate a solid basis for 

expecting publication through that 

entity, whether or not the journalist is 

actually employed by the entity. A 

publication contract would present a 

solid basis for such an expectation; the 

CFPB may also consider the past 

publication record of the requester in 

making such a determination. 

(v) Other requester refers to a 

requester who does not fall within any 

of the previously described categories. 

(2) Within twenty (20) calendar days 

of its receipt of a request, the CFPB shall 

make a determination as to the proper 

fee category to apply to a requester. The 

CFPB shall inform the requester of the 

determination in the request 

acknowledgment letter, or if no such 

letter is required, in writing. The CFPB 

shall base its determination upon a 

review of the requester’s submission 

and the CFPB’s own records. Where the 

CFPB has reasonable cause to doubt the 

use to which a requester will put the 

records sought, or where that use is not 

clear from the request itself, the CFPB 

should seek additional clarification 

before assigning the request to a specific 

category. 

(3) If the CFPB assigns to a requester 

a fee category, then the requester shall 

have the right to submit an appeal of the 

CFPB’s determination in accordance 

with section 1070.21 of this subpart. 

The CFPB shall communicate this 

appeal right as part of its written 

notification to the requester of an 

adverse fee category determination. The 

requester shall label its appeal request 

‘‘Appeal of Fee Category 

Determination.’’ 

(c) Fees applicable to each category of 

requester. The following fee schedule 

applies uniformly throughout the CFPB 

to requests processed under the FOIA. 

Specific levels of fees are prescribed for 

each category of requester defined in 

paragraph (b) of this section. 

(1) Commercial users shall be charged 

the full direct costs of searching for, 

reviewing, and duplicating the records 

they request. Moreover, when a request 

is received for disclosure that is 

primarily in the commercial interest of 

the requester, the CFPB is not required 

to consider a request for a waiver or 

reduction of fees based upon the 

assertion that disclosure would be in the 

public interest. The CFPB may recover 

the cost of searching for and reviewing 

records even if there is ultimately no 

disclosure of records or no records are 

located. 

(2) Educational and non-commercial 

scientific institution requesters shall be 

charged only for the cost of duplicating 

the records they request, except that the 

CFPB shall provide the first one 

hundred (100) pages of duplication free 

of charge. To be eligible, requesters 

must show that the request is made 

under the auspices of a qualifying 

institution and that the records are not 

sought for a commercial use, but are 

sought in furtherance of scholarly (if the 

request is from an educational 

institution) or scientific (if the request is 

from a non-commercial scientific 

institution) research. These categories 

do not include requesters who want 

records for use in meeting individual 

academic research or study 

requirements. 

(3) Representatives of the news media 

shall be charged only for the cost of 

duplicating the records they request, 

except that the CFPB shall provide them 

with the first one hundred (100) pages 

of duplication free of charge. 

(4) Other requesters who do not fit 

any of the categories described above 


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shall be charged the full direct cost of 

searching for and duplicating records 

that are responsive to the request, 

except that the CFPB shall provide the 

first one hundred (100) pages of 

duplication and the first two hours of 

search time free of charge. The CFPB 

may recover the cost of searching for 

records even if there is ultimately no 

disclosure of records, or no records are 

located. Requests from persons for 

records about themselves filed in the 

CFPB’s systems of records shall 

continue to be treated under the fee 

provisions of the Privacy Act of 1974, 5 

U.S.C. 552a, which permit fees only for 

duplication, after the first one hundred 

(100) pages are furnished free of charge. 

(d) Other circumstances when fees are 

not charged. Notwithstanding 

paragraphs (b) and (c) of this section, 

the CFPB may not charge a requester a 

fee for processing a FOIA request if any 

of the following applies: 

(1) The cost of collecting a fee would 

be equal to or greater than the fee itself; 

(2) The fees were waived or reduced 

in accordance with paragraph (e) of this 

section; 

(3) If the CFPB fails to comply with 

any time limit under §§ 1070.16 or 

1070.21 of this subpart, and no unusual 

circumstances (as that term is defined in 

§ 1070.16(d)) or exceptional 

circumstances apply to the processing of 

the request, then the CFPB shall not 

assess search fees, or if the requester is 

an educational or noncommercial 

scientific institution, then the CFPB 

shall not assess duplication fees. The 

term exceptional circumstances does 

not include a delay that results from a 

predictable CFPB workload of requests, 

unless the CFPB demonstrates 

reasonable progress in reducing its 

backlog of pending requests; or 

(4) If the CFPB determines, as a matter 

of administrative discretion, that 

waiving or reducing the fees would 

serve the interest of the United States 

Government. 

(e) Waiver or reduction of fees. (1) A 

requester shall be entitled to receive 

from the CFPB a waiver or reduction in 

the fees otherwise applicable to a FOIA 

request whenever the requester: 

(i) Requests such waiver or reduction 

of fees in writing or by electronic means 

as part of the FOIA request; 

(ii) Labels the request for waiver or 

reduction of fees ‘‘Fee Waiver or 

Reduction Requested’’ on the FOIA 

request; and 

(iii) Demonstrates that the fee 

reduction or waiver request that a 

waiver or reduction of the fees is in the 

public interest because: 

(A) Furnishing the information is 

likely to contribute significantly to 

public understanding of the operations 

or activities of the government; and 

(B) Furnishing the information is not 

primarily in the commercial interest of 

the requester. 

(2) To determine whether the 

requester has satisfied the requirements 

of paragraph (e)(1)(ii)(A), the CFPB shall 

consider the following factors: 

(i) The subject of the requested 

records must concern identifiable 

operations or activities of the federal 

government, with a connection that is 

direct and clear, and not remote or 

attenuated. 

(ii) The disclosable portions of the 

requested records must be meaningfully 

informative about government 

operations or activities in order to be 

‘‘likely to contribute’’ to an increased 

public understanding of those 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either a duplicative or 

a substantially similar form, is not as 

likely to contribute to the public’s 

understanding. 

(iii) The disclosure must contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

and ability and intention to effectively 

convey information to the public shall 

be considered. It shall be presumed that 

a representative of the news media will 

satisfy this consideration. 

(iv) The public’s understanding of the 

subject in question, as compared to the 

level of public understanding existing 

prior to the disclosure, must be 

enhanced by the disclosure to a 

significant extent. 

(3) To determine whether the 

requester has satisfied the requirements 

of paragraph (e)(1)(ii)(B), the CFPB shall 

consider the following factors: 

(i) The CFPB shall consider any 

commercial interest of the requester 

(with reference to the definition of 

commercial user in (b)(1)(i) of this 

section), or of any person on whose 

behalf the requester may be acting, that 

would be furthered by the requested 

disclosure. Requesters shall be given an 

opportunity in the administrative 

process to provide explanatory 

information regarding this 

consideration. 

(ii) A fee waiver or reduction is 

justified where the public interest 

standard is satisfied and that public 

interest is greater in magnitude than that 

of any identified commercial interest in 

disclosure. The CFPB ordinarily shall 

presume that where a news media 

requester has satisfied the public 

interest standard, the public interest 

will be the interest primarily served by 

disclosure to that requester. Disclosure 

to data brokers or others who merely 

compile and market government 

information for direct economic return 

shall not be presumed to primarily serve 

the public interest. 

(4) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver shall be 

granted for those records. 

(5) The CFPB shall decide whether to 

grant or deny a request to reduce or 

waive fees prior to processing a request. 

The CFPB shall notify the requester of 

the determination in writing. 

(6) If the CFPB denies a request to 

reduce or waive fees, then the CFPB 

shall advise the requester, in the denial 

notification letter, that the requester 

may incur fees if the CFPB proceeds to 

process the request. The notification 

letter shall also advise the requester that 

the CFPB will not proceed to process 

the request further unless the requester, 

in writing, directs the CFPB to do so and 

either agrees to pay any fees that may 

apply to processing the request or 

specifies an upper limit (of not less than 

$25) that the requester is willing to pay 

to process the request. If the CFPB does 

not receive this written direction and 

agreement/specification within thirty 

(30) calendar days of the date of the 

denial notification letter, then the CFPB 

shall deem the request to be withdrawn. 

(7) If the CFPB denies a request to 

reduce or waive fees, then the requester 

shall have the right to submit an appeal 

of the denial determination in 

accordance with section 1070.21 of this 

subpart. The CFPB shall communicate 

this appeal right as part of its written 

notification to the requester denying the 

fee reduction or waiver request. The 

requester should label its appeal request 

‘‘Appeal for Fee Reduction/Waiver.’’ 

(f) Advance notice and prepayment of 

fees. (1) When the CFPB estimates the 

fees for processing a request to exceed 

the limit set by the requester, and that 

amount is less than $250, or the 

requester did not specify a limit and the 

amount is less than $250, the requester 

shall be notified of the estimated fees, 

and provided a breakdown of the fees 

attributable to search, review, and 

duplication, respectively. The requester 

must provide an agreement to pay the 

estimated fees; however, the requester 

shall also be given an opportunity to 

reformulate the request in an attempt to 

reduce fees. 

(2) If the requester has failed to state 

a limit and the fees are estimated to 

exceed $250, the requester shall be 

notified of the estimated fees and 

provided a breakdown of the fees 

attributable to search, review, and 


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duplication, respectively. The requester 

must pre-pay such amount prior to the 

processing of the request, or provide 

satisfactory assurance of full payment if 

the requester has a history of prompt 

payment of FOIA fees. The requester 

shall also be given an opportunity to 

reformulate the request in such a way as 

to lower the applicable fees. 

(3) The CFPB reserves the right to 

request prepayment after a request is 

processed and before documents are 

released. 

(4) If a requester has previously failed 

to pay a fee within thirty (30) calendar 

days of the date of the billing, the 

requester shall be required to pay the 

full amount owed plus any applicable 

interest and to make an advance 

payment of the full amount of the 

estimated fee before the CFPB begins to 

process a new request or the pending 

request. 

(5) When the CFPB acts under 

paragraphs (f)(1) through (4) of this 

section, the statutory time limits of 

twenty (20) days (excluding Saturdays, 

Sundays, and legal public holidays) 

from receipt of initial requests or 

appeals, plus extensions of these time 

limits, shall begin only after fees have 

been paid, a written agreement to pay 

fees has been provided, or a request has 

been reformulated. 

(g) Form of payment. Payment may be 

tendered as set forth on the CFPB’s Web 

site, http://www.consumerfinance.gov. 

(h) Charging interest. The CFPB may 

charge interest on any unpaid bill 

starting on the 31st day following the 

date of billing the requester. Interest 

charges will be assessed at the rate 

provided in 31 U.S.C. 3717 and will 

accrue from the date of the billing until 

payment is received by the CFPB. The 

CFPB will follow the provisions of the 

Debt Collection Act of 1982 (Public Law 

97–365, 96 Stat. 1749), as amended, and 

its administrative procedures, including 

the use of consumer reporting agencies, 

collection agencies, and offset. 

(i) Aggregating requests. Where the 

CFPB reasonably believes that a 

requester or a group of requesters acting 

together is attempting to divide a 

request into a series of requests for the 

purpose of avoiding fees, the CFPB may 

aggregate those requests and charge 

accordingly. The CFPB may presume 

that multiple requests of this type made 

within a thirty (30) day period have 

been made in order to avoid fees. Where 

requests are separated by a longer 

period, the CFPB will aggregate them 

only where there exists a solid basis for 

determining that aggregation is 

warranted under all the circumstances 

involved. Multiple requests involving 

unrelated matters will not be aggregated. 

§ 1070.23 Authority and responsibilities of 

the Chief FOIA Officer. 

(a) Chief FOIA Officer. The Director 

authorizes the Chief FOIA Officer to act 

upon all requests for agency records, 

with the exception of determining 

appeals from the initial determinations 

of the Chief FOIA Officer, which will be 

decided by the General Counsel. The 

Chief FOIA officer shall, subject to the 

authority of the Director: 

(1) Have agency-wide responsibility 

for efficient and appropriate compliance 

with the FOIA; 

(2) Monitor implementation of the 

FOIA throughout the CFPB and keep the 

Director and the General Counsel, and 

the Attorney General appropriately 

informed of the CFPB’s performance in 

implementing the FOIA; 

(3) Recommend to the Director such 

adjustments to agency practices, 

policies, personnel and funding as may 

be necessary to improve the Chief FOIA 

Officer’s implementation of the FOIA; 

(4) Review and report to the Attorney 

General, through the Director, at such 

times and in such formats as the 

Attorney General may direct, on the 

CFPB’s performance in implementing 

the FOIA; 

(5) Facilitate public understanding of 

the purposes of the statutory 

exemptions of the FOIA by including 

concise descriptions of the exemptions 

in both the agency’s handbook and the 

agency’s annual report on the FOIA, and 

by providing an overview, where 

appropriate, of certain general categories 

of agency records to which those 

exemptions apply; and 

(6) Designate one or more FOIA 

Public Liaisons. 

(b) FOIA Public Liaisons. FOIA Public 

Liaisons shall report to the Chief FOIA 

Officer and shall serve as supervisory 

officials to whom a requester can raise 

concerns about the service the requester 

has received from the CFPB’s FOIA 

office, following an initial response 

from the FOIA office staff. FOIA Public 

Liaisons shall be responsible for 

assisting in reducing delays, increasing 

transparency and understanding of the 

status of requests, and assisting in the 

resolution of disputes. 

Subpart C—Disclosure of CFPB 

Information in Connection With Legal 

Proceedings 

§ 1070.30 Purpose and scope; definitions. 

(a) This subpart sets forth the 

procedures to be followed with respect 

to: 

(1) Service of summonses and 

complaints directed to the CFPB, the 

Director, or to any CFPB employee in 

connection with federal or state 

litigation arising out of or involving the 

performance of official activities of the 

CFPB; and 

(2) Subpoenas, court orders, or other 

requests or demands for any CFPB 

information, whether contained in the 

files of the CFPB or acquired by a CFPB 

employee as part of the performance of 

that employee’s duties or by virtue of 

employee’s official status. 

(b) This subpart does not apply to 

requests for official information made 

pursuant to subparts B, D, and E of this 

part. 

(c) This subpart does not apply to 

requests for information made in the 

course of adjudicating any claims 

against the CFPB by CFPB employees 

(present or former), or applicants for 

CFPB employment, for which 

jurisdiction resides with the U.S. Equal 

Employment Opportunity Commission, 

the U.S. Merit Systems Protection 

Board, the Office of Special Counsel, the 

Federal Labor Relations Authority, or 

their successor agencies, or a labor 

arbitrator operating under a collective 

bargaining agreement between the CFPB 

and a labor organization representing 

CFPB employees, or their successor 

agencies. 

(d) This subpart is intended only to 

inform the public about CFPB 

procedures concerning the service of 

process and responses to subpoenas, 

summons, or other demands or requests 

for official information or action and is 

not intended to and does not create, and 

may not be relied upon to create any 

right or benefit, substantive or 

procedural, enforceable at law by a 

party against the CFPB or the United 

States. 

(e) For purposes of this subpart, and 

except as the CFPB may otherwise 

determine in a particular case: 

(1) Demand means a subpoena or 

order for official information, whether 

contained in CFPB records or through 

testimony, related to or for possible use 

in a legal proceeding. 

(2) Legal proceeding encompasses all 

pre-trial, trial, and post-trial stages of all 

judicial or administrative actions, 

hearings, investigations, or similar 

proceedings before courts, commissions, 

boards, grand juries, or other judicial or 

quasi-judicial bodies or tribunals, 

whether criminal, civil, or 

administrative in nature, and whether 

foreign or domestic. This phrase 

includes all stages of discovery as well 

as formal or informal requests by 

attorneys or others involved in legal 

proceedings. 

(3) Official Information means all 

information of any kind, however 

stored, that is in the custody and control 

of the CFPB or was acquired by CFPB 


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employees, or former employees as part 

of their official duties or because of their 

official status while such individuals 

were employed by or served on behalf 

of the CFPB. Official information also 

includes any information acquired by 

CFPB employees or former employees 

while such individuals were engaged in 

matters related to consumer financial 

protection functions prior to the 

employees’ transfer to the CFPB 

pursuant to Subtitle F of the Consumer 

Financial Protection Act of 2010. 

(4) Request means any request for 

official information in the form of 

testimony, affidavits, declarations, 

admissions, responses to interrogatories, 

document production, inspections, or 

formal or informal interviews, during 

the course of a legal proceeding, 

including pursuant to the Federal Rules 

of Civil Procedure, the Federal Rules of 

Criminal Procedure, or other applicable 

rules of procedure. 

(5) Testimony means a statement in 

any form, including personal 

appearances before a court or other legal 

tribunal, interviews, depositions, 

telephonic, televised, or videographed 

statements or any responses given 

during discovery or similar proceeding 

in the course of litigation. 

§ 1070.31 Service of summonses and 

complaints. 

(a) Only the General Counsel is 

authorized to receive and accept 

summonses or complaints sought to be 

served upon the CFPB or CFPB 

employees sued in their official 

capacity. Such documents should be 

delivered to the Office of the General 

Counsel, Bureau of Consumer Financial 

Protection, 1801 L Street, NW., 

Washington, DC 20036. This 

authorization for receipt shall in no way 

affect the requirements of service 

elsewhere provided in applicable rules 

and regulations. 

(b) If, notwithstanding paragraph (a) 

of this section, any summons or 

complaint described in that paragraph is 

delivered to an employee of the CFPB, 

the employee shall decline to accept the 

proffered service and may notify the 

person attempting to make service of the 

regulations set forth herein. If, 

notwithstanding this instruction, an 

employee accepts service of a document 

described in paragraph (a), the 

employee shall immediately notify and 

deliver a copy of the summons and 

complaint to the General Counsel. 

(c) When a CFPB employee is sued in 

an individual capacity for an act or 

omission occurring in connection with 

duties performed on behalf of the CFPB 

(whether or not the officer or employee 

is also sued in an official capacity), the 

employee by law is to be served 

personally with process. See Fed. R. 

Civ. P. 4(i)(3). An employee sued in an 

individual capacity for an act or 

omission occurring in connection with 

duties performed on behalf of the CFPB 

shall immediately notify, and deliver a 

copy of the summons and complaint to, 

the General Counsel. 

(d) The CFPB will only accept service 

of process for an employee sued in his 

or her official capacity. Documents for 

which the General Counsel accepts 

service in official capacity shall be 

stamped ‘‘Service Accepted in Official 

Capacity Only.’’ Acceptance of service 

shall not constitute an admission or 

waiver with respect to jurisdiction, 

propriety of service, improper venue, or 

any other defense in law or equity 

available under applicable laws or rules. 

§ 1070.32 Service of subpoenas, court 

orders, and other demands for CFPB 

information or action. 

(a) Except in cases in which the CFPB 

is represented by legal counsel who 

have entered an appearance or 

otherwise given notice of their 

representation, only the General 

Counsel is authorized to receive and 

accept subpoenas or other demands or 

requests directed to the CFPB or its 

employees, whether civil or criminal in 

nature, for: 

(1) Records of the CFPB; 

(2) Official information including, but 

not limited to, testimony, affidavits, 

declarations, admissions, responses to 

interrogatories, or informal statements, 

relating to material contained in the 

files of the CFPB or which any CFPB 

employee acquired in the course and 

scope of the performance of his or her 

official duties; 

(3) Garnishment or attachment of 

compensation of current or former 

employees; or 

(4) The performance or nonperformance of any official CFPB duty. 

(b) Documents described in paragraph 

(a) should be directed to the Office of 

the General Counsel, Bureau of 

Consumer Financial Protection, 1801 L 

Street, NW., Washington, DC 20036. 

This authorization for receipt shall in no 

way affect the requirements of service 

elsewhere provided in applicable rules 

and regulations. Acceptance of such 

documents by the General Counsel does 

not constitute a waiver of any defense 

that might otherwise exist with respect 

to service under the Federal Rules of 

Civil or Criminal Procedure or other 

applicable laws or regulations. 

(c) In the event that any demand or 

request described in paragraph (a) is 

sought to be delivered to a CFPB 

employee other than in the manner 

prescribed in paragraph (b) of this 

section, such employee shall, after 

consultation with the General Counsel, 

decline service and direct the server of 

process to these regulations. If the 

demand or request is nonetheless 

delivered to the employee, the employee 

shall immediately notify, and deliver a 

copy of that document to, the General 

Counsel. 

(d) Except as otherwise provided in 

this subpart, the CFPB is not an agent 

for service, or otherwise authorized to 

accept on behalf of its employees, any 

subpoenas, orders, or other demands of 

federal or state courts, or requests from 

individuals or attorneys, which are not 

related to the employees’ official duties 

except upon the express, written 

authorization of the individual CFPB 

employee to whom such demand or 

request is directed. 

(e) Copies of any subpoenas, show 

cause orders, or other demands of 

federal or state courts, or requests from 

private individuals or attorneys that are 

directed to former employees of the 

CFPB in connection with legal 

proceedings arising out of the 

performance of official duties shall also 

be served upon General Counsel. The 

CFPB shall not, however, serve as an 

agent for service for the former 

employee, nor is the CFPB otherwise 

authorized to accept service on behalf of 

its former employees. If the demand 

involves their official duties as CFPB 

employees, former employees who 

receive subpoenas, show cause orders, 

or similar compulsory process of federal 

or state courts should also notify, and 

deliver a copy of the document to, the 

General Counsel. 

§ 1070.33 Testimony and production of 

documents prohibited unless approved by 

the General Counsel. 

(a) Unless authorized by the General 

Counsel, no employee or former 

employee of the CFPB shall, in response 

to a demand or a request provide oral 

or written testimony by deposition, 

declaration, affidavit, or otherwise 

concerning any official information. 

(b) Unless authorized by the General 

Counsel, no employee or former 

employee shall, in response to a 

demand or request, produce any 

document or any material acquired as 

part of the performance of that 

employee’s duties or by virtue of that 

employee’s official status. 

§ 1070.34 Procedure when testimony or 

production of documents is sought; 

general. 

(a) If, as part of a proceeding in which 

the United States or the CFPB is not a 

party, official information is sought 


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through a demand for testimony, CFPB 

records, or other material, the party 

seeking such information must (except 

as otherwise required by federal law or 

authorized by the General Counsel) set 

forth in writing: 

(1) The title and forum of the 

proceeding, if applicable; 

(2) A detailed description of the 

nature and relevance of the official 

information sought; 

(3) A showing that other evidence 

reasonably suited to the requester’s 

needs is not available from any other 

source; and 

(4) If testimony is requested, the 

intended use of the testimony, a general 

summary of the desired testimony, and 

a showing that no document could be 

provided and used in lieu of testimony. 

(b) To the extent he or she deems 

necessary or appropriate, the General 

Counsel may also require from the party 

seeking such information a plan of all 

reasonably foreseeable demands, 

including but not limited to the names 

of all employees and former employees 

from whom discovery will be sought, 

areas of inquiry, expected duration of 

proceedings requiring oral testimony, 

identification of potentially relevant 

documents, or any other information 

deemed necessary to make a 

determination. The purpose of this 

requirement is to assist the General 

Counsel in making an informed decision 

regarding whether testimony or the 

production of documents or material 

should be authorized. 

(c) The General Counsel may consult 

or negotiate with an attorney for a party, 

or the party if not represented by an 

attorney, to refine or limit a request or 

demand so that compliance is less 

burdensome. 

(d) The General Counsel will notify 

the CFPB employee and such other 

persons as circumstances may warrant 

of his or her decision regarding 

compliance with the request or demand. 

§ 1070.35 Procedure when response to 

demand is required prior to receiving 

instructions. 

(a) If a response to a demand 

described in section 1070.34 of this 

subpart is required before the General 

Counsel renders a decision, the CFPB 

will request that the appropriate CFPB 

attorney or an attorney of the 

Department of Justice, as appropriate, 

take steps to stay, postpone, or obtain 

relief from the demand pending 

decision. If necessary, the attorney will: 

(1) Appear with the employee upon 

whom the demand has been made; 

(2) Furnish the court or other 

authority with a copy of the regulations 

contained in this subpart; 

(3) Inform the court or other authority 

that the demand has been, or is being, 

as the case may be, referred for the 

prompt consideration of the appropriate 

CFPB official; and 

(4) Respectfully request the court or 

authority to stay the demand pending 

receipt of the requested instructions. 

(b) In the event that an immediate 

demand for production or disclosure is 

made in circumstances which would 

preclude the proper designation or 

appearance of an attorney of the CFPB 

or the Department of Justice on the 

employee’s behalf, the employee, if 

necessary, shall respectfully request 

from the demanding court or authority 

a reasonable stay of proceedings for the 

purpose of obtaining instructions from 

the General Counsel. 

§ 1070.36 Procedure in the event of an 

adverse ruling. 

If a stay or, or other relief from, the 

effect of a demand made pursuant to 

sections 1070.34 and 1070.35 of this 

subpart is declined or not obtained, or 

if the court or other judicial or quasijudicial authority declines to stay the 

effect of the demand made pursuant to 

sections 1070.34 and 1070.35 of this 

subpart, or if the court or other authority 

rules that the demand must be complied 

with irrespective of the General 

Counsel’s instructions not to produce 

the material or disclose the information 

sought, the employee upon whom the 

demand has been made shall 

respectfully decline to comply with the 

demand citing this subpart and United 

States ex rel. Touhy v. Ragen, 340 U.S. 

462 (1951). 

§ 1070.37 Considerations in determining 

whether the CFPB will comply with a 

demand or request. 

(a) In deciding whether to comply 

with a demand or request, CFPB 

officials and attorneys shall consider, 

among other pertinent considerations: 

(1) Whether such compliance would 

be unduly burdensome or otherwise 

inappropriate under the applicable rules 

of discovery or the rules of procedure 

governing the case or matter in which 

the demand arose; 

(2) Whether the number of similar 

requests would have a cumulative effect 

on the expenditure of CFPB resources; 

(3) Whether compliance is 

appropriate under the relevant 

substantive law concerning privilege or 

disclosure of information; 

(4) The public interest; 

(5) The need to conserve the time of 

CFPB employees for the conduct of 

official business; 

(6) The need to avoid spending time 

and money of the United States for 

private purposes; 

(7) The need to maintain impartiality 

between private litigants in cases where 

a substantial government interest is not 

implicated; 

(8) Whether compliance would have 

an adverse effect on performance by the 

CFPB of its mission and duties; and 

(9) The need to avoid involving the 

CFPB in controversial issues not related 

to its mission. 

(b) Among those demands and 

requests in response to which 

compliance will not ordinarily be 

authorized are those with respect to 

which any of the following factors, inter 

alia, exist: 

(1) Compliance would violate a 

statute or applicable rule of procedure; 

(2) Compliance would violate a 

specific regulation or Executive order; 

(3) Compliance would reveal 

information properly classified in the 

interest of national security; 

(4) Compliance would reveal 

confidential or privileged commercial or 

financial information or trade secrets 

without the owner’s consent; 

(5) Compliance would compromise 

the integrity of the deliberative 

processes of the CFPB; 

(6) Compliance would not be 

appropriate or necessary under the 

relevant substantive law governing 

privilege; 

(7) Compliance would reveal 

confidential information; or 

(8) Compliance would interfere with 

ongoing investigations or enforcement 

proceedings, compromise constitutional 

rights, or reveal the identity of a 

confidential informant. 

(c) The CFPB may condition 

disclosure of official information 

pursuant to a request or demand on the 

entry of an appropriate protective order. 

§ 1070.38 Prohibition on providing expert 

or opinion testimony. 

(a) Except as provided in this section, 

and subject to 5 CFR 2635.805, CFPB 

employees or former employees shall 

not provide opinion or expert testimony 

based upon information which they 

acquired in the scope and performance 

of their official CFPB duties, except on 

behalf of the CFPB or the United States 

or a party represented by the CFPB, or 

the Department of Justice, as 

appropriate. 

(b) Any expert or opinion testimony 

by a former employee of the CFPB shall 

be excepted from paragraph (a) of this 

section where the testimony involves 

only general expertise gained while 

employed at the CFPB. 

(c) Upon a showing by the requestor 

of exceptional need or unique 

circumstances and that the anticipated 

testimony will not be adverse to the 


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interests of the United States, the 

General Counsel may, consistent with 5 

CFR 2635.805, exercise his or her 

discretion to grant special, written 

authorization for CFPB employees, or 

former employees, to appear and testify 

as expert witnesses at no expense to the 

United States. 

(d) If, despite the final determination 

of the General Counsel, a court of 

competent jurisdiction or other 

appropriate authority orders the 

appearance and expert or opinion 

testimony of a current or former CFPB 

employee, that person shall 

immediately inform the General 

Counsel of such order. If the General 

Counsel determines that no further legal 

review of or challenge to the court’s 

order will be made, the CFPB employee, 

or former employee, shall comply with 

the order. If so directed by the General 

Counsel, however, the employee, or 

former employee, shall respectfully 

decline to testify. 

Subpart D—Confidential Information 

§ 1070.40 Purpose and scope. 

This subpart does not apply to 

requests for official information made 

pursuant to subparts B, C, or E of this 

part. 

§ 1070.41 Non-disclosure of confidential 

information. 

(a) Non-disclosure. Except as required 

by law or as provided in this part, no 

employee or former employee of the 

CFPB, or any other person in possession 

of confidential information, shall 

disclose such confidential information 

by any means (including written or oral 

communications) or in any format 

(including paper and electronic 

formats), to: 

(1) Any person who is not an 

employee of the CFPB; or 

(2) Any CFPB employee when the 

disclosure of such confidential 

information to that employee is not 

relevant to the performance of the 

employee’s assigned duties. 

(b) Disclosures to contractors and 

consultants. Nothing in this subpart 

shall limit the discretion of the CFPB to 

provide confidential information to 

consultants or contractors retained by 

the CFPB, provided that such 

consultants or contractors agree in 

writing to treat such confidential 

information in accordance with these 

rules, federal laws and regulations that 

apply to federal agencies for the 

protection of the confidentiality of 

personally identifiable information and 

for data security and integrity, as well 

as any additional conditions or 

limitations that the CFPB may impose. 

(c) Disclosure of materials derived 

from confidential information. Nothing 

in this subpart shall limit the discretion 

of the CFPB to disclose materials that it 

derives from or creates using 

confidential information to the extent 

that such materials do not identify, 

either directly or indirectly, any 

particular person to whom the 

confidential information pertains. 

(d) Disclosability of confidential 

information provided to the CFPB by 

other agencies. Nothing in this subpart 

requires or authorizes the CFPB to 

disclose confidential information that 

another agency has provided to the 

CFPB to the extent that such disclosure 

contravenes applicable law or the terms 

of any agreement that exists between the 

CFPB and the agency to govern the 

CFPB’s treatment of information that the 

agency provides to the CFPB. 

§ 1070.42 Disclosure of confidential 

supervisory information to and by 

supervised financial institutions. 

(a) Discretionary disclosure of 

confidential supervisory information to 

supervised financial institutions. The 

CFPB may in its discretion, and to the 

extent consistent with applicable law, 

disclose confidential supervisory 

information concerning a supervised 

financial institution to that institution. 

(b) Disclosure of confidential 

supervisory information by supervised 

financial institution. 

(1) Any supervised financial 

institution lawfully in possession of 

confidential supervisory information of 

the CFPB pursuant to this section may 

disclose such information, or portions 

thereof, to its directors, officers, and 

employees, and to its parent company, 

if any, and its parent company’s 

directors, officers, and employees, to the 

extent that the disclosure of such 

confidential supervisory information is 

relevant to the performance of such 

individuals’ assigned duties. 

(2) Any supervised financial 

institution lawfully in possession of 

confidential supervisory information of 

the CFPB pursuant to this section may 

disclose such information, or portions 

thereof, to any certified public 

accountant, legal counsel, or consultant 

employed by the supervised financial 

institution or its parent company, if any, 

provided that the supervised financial 

institution shall: 

(i) Take reasonable steps to ensure 

that such certified public accountant, 

legal counsel, or consultant does not 

utilize, make or retain copies of, or 

disclose confidential supervisory 

information for any purpose, without 

the prior written approval of the CFPB’s 

General Counsel, except as is necessary 

to provide advice to the supervised 

financial institution, its parent 

company, or the officers, directors, and 

employees of such supervised financial 

institution and parent company; and 

(ii) Maintain a written account of all 

disclosures of confidential supervisory 

information that the supervised 

financial institution makes to its 

certified public accountant, legal 

counsel, or consultant, as well as steps 

it has taken to comply with paragraph 

(b)(2)(i) of this section, and provide the 

CFPB with a copy of such written 

account upon request or demand of the 

CFPB. 

§ 1070.43 Disclosure of confidential 

information to law enforcement agencies 

and other government agencies. 

(a) Required disclosure of confidential 

information to government agencies. 

The CFPB shall: 

(1) Disclose a draft of a report of 

examination of a supervised financial 

institution prior to its finalization, in 

accordance with 12 U.S.C. 5515(e)(1)(C), 

and disclose a final report of 

examination, including any and all 

revisions made to such a report, to a 

federal or state agency with jurisdiction 

over that supervised financial 

institution, provided that the CFPB 

receives from the agency reasonable 

assurances as to the confidentiality of 

the information disclosed; and 

(2) Disclose confidential consumer 

complaint information to a federal or 

state agency to facilitate preparation of 

reports to Congress required by 12 

U.S.C. 5493(b)(3)(C) and to facilitate the 

CFPB’s supervision and enforcement 

activities and its monitoring of the 

market for consumer financial products 

and services, provided that the agency 

shall first give written assurance to the 

CFPB that it will maintain such 

information in a manner that conforms 

to the standards that apply to federal 

agencies for the protection of the 

confidentiality of personally identifiable 

information and for data security and 

integrity. 

(b) Discretionary disclosure of 

confidential information to government 

agencies. 

(1) Upon receipt of a written request 

that contains the information required 

by paragraph (b)(2) of this paragraph, 

the CFPB may, in its sole discretion, 

disclose confidential information to a 

federal or state agency to the extent that 

disclosure of the information is relevant 

to the exercise of the agency’s statutory 

or regulatory authority or, with respect 

to the disclosure of confidential 

supervisory information, to a federal or 

state agency having jurisdiction over a 

supervised financial institution. 


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(2) To obtain access to confidential 

information pursuant to paragraph (b)(1) 

of this section, an authorized officer or 

employee of the agency shall submit a 

written request to the General Counsel, 

who shall act upon the request in 

consultation with the CFPB’s Associate 

Director for Supervision and 

Enforcement or other appropriate CFPB 

personnel. The request shall include the 

following: 

(i) A description of the particular 

information, kinds of information, and 

where possible, the particular 

documents to which access is sought; 

(ii) A statement of the purpose for 

which the information will be used; 

(iii) A statement identifying the 

agency’s legal authority for requesting 

the documents; 

(iv) A statement as to whether the 

requested disclosure is permitted or 

restricted in any way by applicable law 

or regulation; and 

(v) A commitment that the agency 

will maintain the requested confidential 

information in a manner that conforms 

to the standards that apply to federal 

agencies for the protection of the 

confidentiality of personally identifiable 

information and for data security and 

integrity, as well as any additional 

conditions or limitations that the CFPB 

may impose. 

(c) State requests for information 

other than confidential information. A 

request or demand by a state agency for 

information or records of the CFPB 

other than confidential information 

shall be made and considered in 

accordance with the rules set forth 

elsewhere in this part. 

(d) Negotiation of standing requests. 

The CFPB may negotiate terms 

governing the exchange of confidential 

information with federal or state 

agencies on a standing basis, as 

appropriate. 

§ 1070.44 Disclosure of confidential 

consumer complaint information. 

Nothing in this part shall limit the 

discretion of the CFPB, to the extent 

permitted by law, to disclose 

confidential consumer complaint 

information as it deems necessary to 

investigate, resolve, or otherwise 

respond to consumer complaints or 

inquiries concerning financial 

institutions or consumer financial 

products and services. 

§ 1070.45 Affirmative disclosure of 

confidential information. 

(a) The CFPB may disclose 

confidential investigative information 

and other confidential information, in 

accordance with applicable law, as 

follows: 

(1) To a CFPB employee, as that term 

is defined in § 1070.2 of this part and in 

accordance with § 1070.41 of this 

subpart; 

(2) To either House of the Congress or 

to an appropriate committee or 

subcommittee of the Congress, as 

provided by 12 U.S.C. 5562(d)(2); 

(3) In investigational hearings and 

witness interviews, as is reasonably 

necessary, at the discretion of the CFPB; 

(4) In an administrative or court 

proceeding to which the CFPB is a 

party. In the case of confidential 

investigatory material that contains any 

trade secret or privileged or confidential 

commercial or financial information, as 

claimed by designation by the submitter 

of such material, or confidential 

supervisory information, the submitter 

may seek an appropriate protective or in 

camera order prior to disclosure of such 

material in a proceeding; 

(5) To law enforcement and other 

government agencies in accordance with 

this subpart; or 

(6) As required under any other 

applicable law. 

§ 1070.46 Other disclosures of confidential 

information. 

(a) To the extent permitted by law and 

as authorized by the Director in writing, 

the CFPB may disclose confidential 

information other than as set forth in 

this subpart. 

(b) Prior to disclosing confidential 

information pursuant to paragraph (a) of 

this section, the CFPB may, as it deems 

appropriate under the circumstances, 

provide written notice to the person to 

whom the confidential information 

pertains that the CFPB intends to 

disclose its confidential information in 

accordance with this section. 

(c) The authority of the Director to 

disclosure confidential information 

pursuant to paragraph (a) shall not be 

delegated. However, a person 

authorized to perform the functions of 

the Director in accordance with law may 

exercise the authority of the Director as 

set forth in this section. 

§ 1070.47 Other rules regarding the 

disclosure of confidential information. 

(a) Further disclosure prohibited. 

(1) All confidential information made 

available under this subpart shall 

remain the property of the CFPB, unless 

the General Counsel provides otherwise 

in writing. 

(2) Except as set forth in this section, 

no supervised financial institution, 

federal or state agency, any officer, 

director, employee or agent thereof, or 

any other person to whom the 

confidential information is made 

available under this subpart, may 

further disclose such confidential 

information without the prior written 

permission of the General Counsel. 

(3) A supervised financial institution, 

federal or state agency, any officer, 

director, employee or agent thereof, or 

any other person to whom the CFPB’s 

confidential information is made 

available under this subpart, that 

receives from a third party a legally 

enforceable demand or request for such 

confidential information (including but 

not limited to, a subpoena or discovery 

request or a request made pursuant to 

the Freedom of Information Act, 5 

U.S.C. 552, the Privacy Act of 1974, 5 

U.S.C. 552a, or any state analogue to 

such statutes) should: 

(i) Inform the General Counsel of such 

request or demand in writing and 

provide the General Counsel with a 

copy of such request or demand as soon 

as practicable after receiving it; 

(ii) In the case of a request made 

pursuant to the Freedom of Information 

Act, 5 U.S.C. 552, the Privacy Act, 5 

U.S.C. 552a, or any state analogue to 

such statutes, advise the requester that: 

(A) The confidential information 

sought may not be disclosed insofar as 

it is the property of the CFPB; and 

(B) Any request for the disclosure of 

such confidential information is 

properly directed to the CFPB pursuant 

to its regulations set forth in this part. 

(iii) In the case of all other types of 

requests or demands, consult with the 

General Counsel before complying with 

the request or demand, and to the extent 

applicable: 

(A) Give the CFPB a reasonable 

opportunity to respond to the demand 

or request; 

(B) Assert all reasonable and 

appropriate legal exemptions or 

privileges that the CFPB may request be 

asserted on its behalf; and 

(C) Consent to a motion by the CFPB 

to intervene in any action for the 

purpose of asserting and preserving any 

claims of confidentiality with respect to 

any confidential information. 

(4) Nothing in this section shall 

prevent a supervised financial 

institution, federal or state agency, any 

officer, director, employee or agent 

thereof, or any other person to whom 

the information is made available under 

this subpart from complying with a 

legally valid and enforceable United 

States federal court order compelling 

production of the CFPB’s confidential 

information or, if compliance is deemed 

compulsory, with a request or demand 

from either House of the Congress or a 

duly authorized committee of the 

Congress. To the extent that compulsory 

disclosure of confidential information 

occurs as set forth in this paragraph, the 


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producing party shall use its best efforts 

to ensure that the requestor secures an 

appropriate protective order or, if the 

requestor is a legislative body, use its 

best efforts to obtain the commitment or 

agreement of the legislative body that it 

will maintain the confidentiality of the 

confidential information. 

(5) No person obtaining access to 

confidential information pursuant to 

this subpart may make a personal copy 

of any such information, and no person 

may remove confidential information 

from the premises of the institution or 

agency in possession of such 

information except as permitted by 

specific language in this regulation or by 

the CFPB. 

(b) Additional conditions and 

limitations. The CFPB may impose any 

additional conditions or limitations on 

disclosure or use under this subpart that 

it determines are necessary. 

(c) Non-waiver. The provision by the 

CFPB of any confidential information 

pursuant to this subpart does not 

constitute a waiver, or otherwise affect, 

any privilege any agency or person may 

claim with respect to such information 

under federal law. 

Subpart E—The Privacy Act 

§ 1070.50 Purpose and scope; definitions. 

(a) This subpart implements the 

provisions of the Privacy Act of 1974, 5 

U.S.C. 552a (the ‘‘Privacy Act’’). The 

regulations apply to all records 

maintained by the CFPB and which are 

retrieved by an individual’s name or 

personal identifier. The regulations set 

forth the procedures for requests for 

access to, or amendment of, records 

concerning individuals that are 

contained in systems of records 

maintained by the CFPB. These 

regulations should be read in 

conjunction with the Privacy Act, which 

provides additional information about 

this topic. 

(b) For purposes of this subpart, the 

following definitions apply: 

(1) The term Chief Privacy Officer 

means the Chief Information Officer of 

the CFPB or any CFPB employee to 

whom the Chief Information Officer has 

delegated authority to act under this 

part; 

(2) The term guardian means the 

parent of a minor, or the legal guardian 

of any individual who has been 

declared to be incompetent due to 

physical or mental incapacity or age by 

a court of competent jurisdiction; 

(3) Individual means a citizen of the 

United States or an alien lawfully 

admitted for permanent residence; 

(4) Maintain includes maintain, 

collect, use, or disseminate; 

(5) Record means any item, collection, 

or grouping of information about an 

individual that is maintained by an 

agency, including, but not limited to, 

his education, financial transactions, 

medical history, and criminal or 

employment history and that contains 

his name or the identifying number, 

symbol, or other identifying particular 

assigned to the individual, such as a 

finger or voiceprint or a photograph; 

(6) Routine use means the disclosure 

of a record that is compatible with the 

purpose for which it was collected; 

(7) System of records means a group 

of any records under the control of an 

agency from which information is 

retrieved by the name of the individual 

or by some identifying number, symbol, 

or other identifying particular assigned 

to the individual; and 

(8) Statistical record means a record 

in a system of records maintained for 

statistical research or reporting purposes 

only and not used in whole or in part 

in making any determination about an 

identifiable individual, except as 

provided by 13 U.S.C. 8. 

§ 1070.51 Authority and responsibilities of 

the Chief Privacy Officer. 

The Chief Privacy Officer is 

authorized to: 

(a) Respond to requests for access to, 

accounting of, or amendment of records 

contained in a system of records 

maintained by the CFPB; 

(b) Approve the publication of new 

systems of records and amend existing 

systems of record; and 

(c) File any necessary reports related 

to the Privacy Act. 

§ 1070.52 Fees. 

(a) Copies of records. The CFPB shall 

provide the requester with copies of 

records requested pursuant to section 

1070.53 of this subpart at the same cost 

charged for duplication of records under 

§ 1070.22 of this part. 

(b) No fee. The CFPB will not charge 

a fee if: 

(1) Total charges associated with a 

request are less than $5, or 

(2) The requester is a CFPB employee 

or former employee, or an applicant for 

employment with the CFPB, and request 

pertains to that employee, former 

employee, or applicant. 

§ 1070.53 Request for access to records. 

(a) Procedures for making a request 

for access to records. An individual’s 

requests for access to records that 

pertain to that individual (or to the 

individual for whom the requester 

serves as guardian) may be submitted to 

the CFPB in writing or by electronic 

means. 

(1) If submitted in writing, the request 

shall be labeled ‘‘Privacy Act Request’’ 

and shall be addressed to the Chief 

Privacy Officer, Bureau of Consumer 

Financial Protection, 1801 L Street, 

NW., Washington, DC 20036. 

(2) If submitted by electronic means, 

the request shall be labeled ‘‘Privacy Act 

Request’’ and the request shall be 

submitted as set forth at the CFPB’s Web 

site, http://www.consumerfinance.gov. 

(b) Content of a request for access to 

records. A request for access to records 

shall include: 

(1) A statement that the request is 

made pursuant to the Privacy Act; 

(2) The name of the system of records 

that the requester believes contains the 

record requested, or a description of the 

nature of the record sought in detail 

sufficient to enable CFPB personnel to 

locate the system of records containing 

the record with a reasonable amount of 

effort; 

(3) Whenever possible, a description 

of the nature of the record sought, the 

date of the record or the period in which 

the requester believes that the record 

was created, and any other information 

that might assist the CFPB in identifying 

the record sought (e.g., maiden name, 

dates of employment, account 

information, etc.). 

(4) Information necessary to verify the 

requester’s identity pursuant to 

paragraph (c) of this section; 

(5) The mailing or email address 

where the CFPB’s response or further 

correspondence should be sent. 

(c) Verification of identity. To obtain 

access to the CFPB’s records pertaining 

to a requester, the requester shall 

provide proof to the CFPB of the 

requester’s identity as provided below. 

(1) In general, the following will be 

considered adequate proof of a 

requester’s identity: 

(i) A photocopy of two forms of 

identification, including one form of 

identification that bears the requester’s 

photograph, and one form of 

identification that bears the requester’s 

signature; 

(ii) A photocopy of a single form of 

identification that bears both the 

requester’s photograph and signature; or 

(iii) A statement swearing or affirming 

the requester’s identity and to the fact 

that the requester understands the 

penalties provided in 5 U.S.C. 

552a(i)(3). 

(2) Notwithstanding paragraph (c)(1) 

of this section, a designated official may 

require additional proof of the 

requester’s identity before action will be 

taken on any request, if such official 

determines that it is necessary to protect 

against unauthorized disclosure of 

information in a particular case. In 


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addition, if a requester seeks records 

pertaining to an individual in the 

requester’s capacity as that individual’s 

guardian, the requester shall be required 

to provide adequate proof of the 

requester’s legal relationship before 

action will be taken on any request. 

(d) Request for accounting of previous 

disclosures. An individual may request 

an accounting of previous disclosures of 

records pertaining to that individual in 

a system of records as provided in 5 

U.S.C. 552a(c). Such requests should 

conform to the procedures and form for 

requests for access to records set forth 

in subsection (a) and (b) of this section. 

§ 1070.54 CFPB procedures for 

responding to a request for access. 

(a) Acknowledgment and response. 

The CFPB will provide written 

acknowledgement of the receipt of a 

request within twenty (20) business 

days from the receipt of the request and 

will, where practicable, respond to each 

request within that twenty (20) day 

period. When a full response is not 

practicable within the twenty (20) day 

period, the CFPB will respond as 

promptly as possible. 

(b) Disclosure. 

(1) When the CFPB discloses 

information in response to a request, the 

CFPB will make the information 

available for inspection and copying 

during regular business hours as 

provided in § 1070.13 of this part, or the 

CFPB will mail it or email it the 

requester, if feasible, upon request. 

(2) The requester may bring with him 

or her anyone whom the requester 

chooses to see the requested material. 

All visitors to the CFPB’s buildings 

must comply with the applicable 

security procedures. 

(c) Denial of a request. If the CFPB 

denies a request made pursuant to 

§ 1070.53 of this subpart, it will inform 

the requester in writing of the reason(s) 

for denial and the procedures for 

appealing the denial. 

§ 1070.55 Special procedures for medical 

records. 

If an individual requests medical or 

psychological records pursuant to 

§ 1070.53 of this subpart, the CFPB will 

disclose them directly to the requester 

unless the CFPB determines that such 

disclosure could have an adverse effect 

on the requester. If the CFPB makes that 

determination, the CFPB will provide 

the information to a licensed physician 

or other appropriate representative that 

the requester designates, who may 

disclose those records to the requester 

in a manner he or she deems 

appropriate. 

§ 1070.56 Request for amendment of 

records. 

(a) Procedures for making request. 

(1) If an individual wishes to amend 

a record that pertains to that individual 

in a system of records, that individual 

may submit a request in writing or by 

electronic means to the Chief Privacy 

Officer, as set forth in section 

1070.53(a). The request shall be labeled 

‘‘Privacy Act Amendment Request.’’ 

(2) A request for amendment of a 

record must: 

(i) Identify the system of records 

containing the record for which 

amendment is requested; 

(ii) Specify the portion of that record 

requested to be amended; and 

(iii) Describe the nature and reasons 

for each requested amendment. 

(3) When making a request for 

amendment of a record, the CFPB will 

require a requester to verify his or her 

identity under the procedures set forth 

in § 1070.53(c) of this subpart, unless 

the requester has already done so in a 

related request for access or 

amendment. 

(b) Burden of proof. A request for 

amendment of a record must explain 

why the requester believes the record is 

not accurate, relevant, timely, or 

complete. The requester has the burden 

of proof for demonstrating the 

appropriateness of the requested 

amendment, and the requester must 

provide relevant and convincing 

evidence in support of the request. 

§ 1070.57 CFPB review of a request for 

amendment of records. 

(a) Time limits. The CFPB will 

acknowledge a request for amendment 

of records within ten (10) business days 

after it receives the request. In the 

acknowledgment, the CFPB may request 

additional information necessary for a 

determination on the request for 

amendment. The CFPB will make a 

determination on a request to amend a 

record promptly. 

(b) Contents of response to a request 

for amendment. When the CFPB 

responds to a request for amendment, 

the CFPB will inform the requester in 

writing whether the request is granted 

or denied, in whole or in part. If the 

CFPB grants the request, it will take the 

necessary steps to amend the record 

and, when appropriate and possible, 

notify prior recipients of the record of 

its action. If the CFPB denies the 

request, in whole or in part, it will 

inform the requester in writing: 

(1) Why the request (or portion of the 

request) was denied; 

(2) That the requester has a right to 

appeal; and 

(3) How to file an appeal. 

§ 1070.58 Appeal of adverse determination 

of request for access or amendment. 

(a) Appeal. A requester may appeal a 

denial of a request made pursuant to 

§§ 1070.53 or 1070.56 of this subpart 

within ten (10) business days after the 

CFPB notifies the requester that it has 

denied the request. 

(b) Content of Appeal. A requester 

may submit an appeal in writing or by 

electronic means as set forth in section 

1070.53(a). The appeal shall be 

addressed to the General Counsel and 

labeled ‘‘Privacy Act Appeal.’’ The 

appeal must also: 

(1) Specify the background of the 

request; and 

(2) Provide reasons why the requester 

believes the denial is in error. 

(c) Determination. The General 

Counsel will make a determination as to 

whether to grant or deny an appeal 

within thirty (30) business days from 

the date it is received, unless the 

General Counsel extends the time for 

good cause. 

(1) If the General Counsel grants an 

appeal regarding a request for 

amendment, he or she will take the 

necessary steps to amend the record 

and, when appropriate and possible, 

notify prior recipients of the record of 

its action. 

(2) If the General Counsel denies an 

appeal, he or she will inform the 

requester of such determination in 

writing, including the reasons for the 

denial, and the requester’s right to file 

a statement of disagreement and to have 

a court review its decision. 

(d) Statement of disagreement. 

(1) If the General Counsel denies an 

appeal regarding a request for 

amendment, a requester may file a 

concise statement of disagreement with 

the denial. The CFPB will maintain the 

requester’s statement with the record 

that the requester sought to amend and 

any disclosure of the record will include 

a copy of the requester’s statement of 

disagreement. 

(2) When practicable and appropriate, 

the CFPB will provide a copy of the 

statement of disagreement to any prior 

recipients of the record. 

§ 1070.59 Restrictions on disclosure. 

The CFPB will not disclose any record 

about an individual contained in a 

system of records to any person or 

agency without the prior written 

consent of that individual unless the 

disclosure is authorized by 5 U.S.C. 

552a(b). Disclosures authorized by 5 

U.S.C. 552a(b) include disclosures that 

are compatible with one or more routine 

uses that are contained within the 

CFPB’s Systems of Records Notices, 

which are available on the CFPB’s Web 


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Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 45393 

site, at http:// 

www.consumerfinance.gov. 

§ 1070.60 Exempt records. 

(a) Exempt systems of records. 

Pursuant to 5 U.S.C. 552a(k)(2), the 

CFPB exempts the systems of records 

listed below from 5 U.S.C. 552a(c)(3), 

(d), (e)(1), (e)(4)(G)–(H), and (f), and 

§§ 1070.53 through 1070.59 of this 

subpart, to the extent that such systems 

of records contain investigatory 

materials compiled for law enforcement 

purposes, provided, however, that if any 

individual is denied any right, privilege, 

or benefit to which he or she would 

otherwise be entitled under federal law, 

or for which he or she would otherwise 

be eligible as a result of the maintenance 

of such material, such material shall be 

disclosed to such individual, except to 

the extent that the disclosure of such 

material would reveal the identity of a 

source who furnished information to the 

CFPB under an express promise that the 

identity of the source would be held in 

confidence: 

(1) CFPB.002 Depository Institution 

Supervision Database 

(2) CFPB.003 Non-Depository 

Institution Supervision Database 

(3) CFPB.004 Enforcement Database 

(b) Information compiled for civil 

actions or proceedings. This regulation 

does not permit an individual to have 

access to any information compiled in 

reasonable anticipation of a civil action 

or proceeding. 

§ 1070.61 Training; rules of conduct; 

penalties for non-compliance. 

(a) Training. The Chief Privacy Officer 

shall institute a training program to 

instruct CFPB employees and 

employees of Government contractors 

covered by 5 U.S.C. 552a(m), who are 

involved in the design, development, 

operation or maintenance of any CFPB 

system of records, on a continuing basis 

with respect to the duties and 

responsibilities imposed on them and 

the rights conferred on individuals by 

the Privacy Act, the regulations in this 

part, and any other related regulations. 

Such training shall provide suitable 

emphasis on the civil and criminal 

penalties imposed on the CFPB and the 

individual employees by the Privacy 

Act for non-compliance with specified 

requirements of the Act as implemented 

by the regulations in this subpart. 

(b) Rules of conduct. The following 

rules of conduct are applicable to 

employees of the CFPB (including, to 

the extent required by the contract or 5 

U.S.C. 552a(m), Government contractors 

and employees of such contractors), 

who are involved in the design, 

development, operation or maintenance 

of any system of records, or in maintain 

any records, for or on behalf of the 

CFPB. 

(1) The head of each office of the 

CFPB shall be responsible for assuring 

that employees subject to such official’s 

supervision are advised of the 

provisions of the Privacy Act, including 

the criminal penalties and civil 

liabilities provided therein, and the 

regulations in this subpart, and that 

such employees are made aware of their 

individual and collective 

responsibilities to protect the security of 

personal information, to assure its 

accuracy, relevance, timeliness and 

completeness, to avoid unauthorized 

disclosure either orally or in writing, 

and to insure that no system of records 

is maintained without public notice. 

(2) Employees of the CFPB involved 

in the design, development, operation, 

or maintenance of any system of 

records, or in maintaining any record 

shall: 

(i) Collect no information of a 

personal nature from individuals unless 

authorized to collect it to achieve a 

function or carry out a responsibility of 

the CFPB; 

(ii) Collect information, to the extent 

practicable, directly from the individual 

to whom it relates; 

(iii) Inform each individual asked to 

supply information, on the form used to 

collect the information or on a separate 

form that can be retained by the 

individual— 

(A) The authority (whether granted by 

statute, or by executive order of the 

President) which authorizes the 

solicitation of the information and 

whether disclosure of such information 

is mandatory or voluntary; 

(B) The principal purpose or purposes 

for which the information is intended to 

be used; 

(C) The routine uses which may be 

made of the information, as published 

pursuant to 5 U.S.C. 552a(e)(4)(D); and 

(D) The effects on the individual, if 

any, of not providing all or any part of 

the requested information. 

(iv) Not collect, maintain, use or 

disseminate information concerning an 

individual’s religious or political beliefs 

or activities or membership in 

associations or organizations, unless 

expressly authorized by statute or by the 

individual about whom the record is 

maintained or unless pertinent to and 

within the scope of an authorized law 

enforcement activity; 

(v) Advise their supervisors of the 

existence or contemplated development 

of any record system which is capable 

of retrieving information about 

individuals by individual identifier; 

(vi) Assure that no records maintained 

in a CFPB system of records are 

disseminated without the permission of 

the individual about whom the record 

pertains, except when authorized by 5 

U.S.C. 552a(b); 

(vii) Maintain and process 

information concerning individuals 

with care in order to insure that no 

inadvertent disclosure of the 

information is made either within or 

without the CFPB; 

(viii) Prior to disseminating any 

record about an individual to any 

person other than an agency, unless the 

dissemination is made pursuant to 5 

U.S.C. 552a(b)(2) of this section, make 

reasonable efforts to assure that such 

records are accurate, complete, timely, 

and relevant for agency purposes; and 

(ix) Assure that an accounting is kept 

in the prescribed form, of all 

dissemination of personal information 

outside the CFPB, whether made orally 

or in writing, unless disclosed under 5 

U.S.C. 552 or subpart B of this part. 

(3) The head of each office of the 

CFPB shall, at least annually, review the 

record systems subject to their 

supervision to insure compliance with 

the provisions of the Privacy Act of 

1974 and the regulations in this subpart. 

§ 1070.62 Preservation of records. 

The CFPB will preserve all 

correspondence pertaining to the 

requests that it receives under this part, 

as well as copies of all requested 

records, until disposition or destruction 

is authorized by title 44 of the United 

States Code or the National Archives 

and Records Administration’s General 

Records Schedule 14. Records will not 

be disposed of while they are the subject 

of a pending request, appeal, 

proceeding, or lawsuit. 

§ 1070.63 Use and collection of social 

security numbers. 

The CFPB will ensure that employees 

authorized to collect information are 

aware: 

(a) That individuals may not be 

denied any right, benefit, or privilege as 

a result of refusing to provide their 

social security numbers, unless the 

collection is authorized either by a 

statute or by a regulation issued prior to 

1975; and 

(b) That individuals requested to 

provide their social security numbers 

must be informed of: 

(1) Whether providing social security 

numbers is mandatory or voluntary; 

(2) Any statutory or regulatory 

authority that authorizes the collection 

of social security numbers; and 

(3) The uses that will be made of the 

numbers. 


rmajette on DSK89S0YB1PROD with RULES3
45394 Federal Register / Vol. 76, No. 145 / Thursday, July 28, 2011 / Rules and Regulations 

Dated: July 22, 2011. 

Sam Valverde, 

Deputy Executive Secretary, Department of 

the Treasury. 

[FR Doc. 2011–19038 Filed 7–27–11; 8:45 am] 

BILLING CODE 4810–25–P 


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