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[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 45767-45769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19429]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of Proposed Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Bureau of Consumer Financial Protection, hereinto referred to as the 
Consumer Financial Protection Bureau (``CFPB'') gives notice of the 
establishment of a Privacy Act System of Records.

DATES: Comments must be received no later than August 31, 2011. The new

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database will be effective September 12, 2011, unless the comments 
received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0010, by any of the following methods:
     Electronic: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail or Hand Delivery/Courier in Lieu of Mail: Claire 
Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau, 
1801 L Street, NW., Washington, DC 20036.
    All submissions must include the agency name and docket number or 
Regulatory Information Number (RIN) for this notice. In general all 
comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public 
inspection and copying at 1801 L St., NW., Washington, DC 20036, on 
official business days between the hours of 10 a.m. and 5 p.m. Eastern 
Time. You can make an appointment to inspect comments by telephoning 
(202) 435-7220. All comments, including attachments and other 
supporting materials, will become part of the public record and subject 
to public disclosure. You should submit only information that you wish 
to make available publicly.

FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 1801 L Street, NW., 
Washington, DC 20036, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Protection Act (``Act''), Public Law No. 111-203, Title X, 
established the CFPB to administer and enforce Federal consumer 
financial protection law. The CFPB will maintain the records covered by 
this notice.
    The new system of records described in this notice, CFPB.001--
Freedom of Information Act (``FOIA'')/Privacy Act (``PA'') System will 
be used by the CFPB to collect, process, log, track, and respond to all 
FOIA and/or PA related requests. It will be used to appropriately 
document information about the requestors' and/or entities' requests 
and the CFPB staff assigned to process, consider, and respond to the 
requests. The system will serve as the central repository for submitted 
requests for access to, correction of, and/or amendment to CFPB 
records. It will document the accounting of disclosures of records 
under FOIA and/or PA to include the status of requested records; 
responses to the requests; process responsive records; process FOIA-
related calculations and fees; and proactively address frequently-
requested records publicly available under the CFPB rules of practice 
and FOIA/PA requirements. It will also be used to maintain records, 
document the consideration and disposition of these requests for annual 
reporting, statistical analysis, fee management, and recordkeeping 
purposes. A description of the new system of records follows this 
Notice.
    The report of the new system of records has been submitted to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Office of Management and Budget, 
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' dated 
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).

    Dated: July 27, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.001

System Name:
    CFPB Freedom of Information Act/Privacy Act System.

System Location:
    Consumer Financial Protection Bureau, 1801 L Street, NW., 
Washington, DC 20036.

Categories of individuals covered by the system:
    Individuals covered by this system are persons who cite the Freedom 
of Information Act or Privacy Act to request access to records or whose 
information requests are treated as FOIA requests. Other individuals 
covered include CFPB staff assigned to process such requests, and 
employees who may have responsive records or are mentioned in such 
records. FOIA requests are subject to the PA only to the extent that 
they concern individuals; information pertaining to corporations and 
other business entities and organizations are not subject to the PA.

Categories of records in the system:
    Records in the system may contain: (1) Correspondence with the 
requester including initial requests and appeals; (2) documents 
generated or compiled during the search and processing of the request; 
(3) fee schedules, cost calculations, and accessed cost for disclosed 
FOIA records; (4) documents and memoranda supporting the decision made 
in response to the request, referrals, and copies of records provided 
or withheld; (5) CFPB staff assigned to process, consider, and respond 
to requests and, where a request has been referred to another agency 
with equities in a responsive document, information about the 
individual handling the request on behalf of that agency; (6) 
information identifying the entity that is subject to the requests or 
appeals; (7) requester information, including name, address, phone 
number, email address; FOIA tracking number, phone number, fax number, 
or some combination thereof; and (8) for access requests under the 
Privacy Act, identifying information regarding both the party who is 
making the written request or appeal, and the individual on whose 
behalf such written requests or appeals are made, including name, 
social security number (SSNs may be submitted with documentation or as 
proof of identification), address, phone number, email address, FOIA 
number, phone number, fax number, or some combination thereof.

Authority for maintenance of the system:
    Pub. L. 111-203, Title X, Sections 1011, 1012, 1021, codified at 12 
U.S.C. 5491, 5492, 5511; The Freedom of Information Act of 1996, as 
amended 5 U.S.C. 552; Privacy Act of 1974, as amended 5 U.S.C. 552a.\1\
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    \1\ Section 1066 of the Act grants the Secretary of the Treasury 
interim authority to perform certain functions of the CFPB. Pursuant 
to that authority, Treasury published rules on the Disclosure of 
Records and Information within 12 CFR Chapter X. This SORN is 
published pursuant to those rules and the Privacy Act.
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Purpose:
    The information in the system is being collected to enable the CFPB 
to carry out its responsibilities under the FOIA and the PA, including 
enabling staff to receive, track, and respond to requests. This 
requires maintaining documentation gathered during the consideration 
and disposition process, administering annual reporting requirements, 
managing FOIA-related fees and calculations, and delivering responsive 
records.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed, consistent with the CFPB Disclosure 
of Records and Information Rules promulgated in the title of the CFR 
to:
    (1) Appropriate agencies, entities, and persons when: (a) The CFPB 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the CFPB 
has determined that, as a result of the

[[Page 45769]]

suspected or confirmed compromise, there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the CFPB or another agency or entity) that rely upon the 
compromised information; and (c) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with the CFPB's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm;
    (2) Another Federal or state agency to: (a) Permit a decision as to 
access, amendment, or correction of records to be made in consultation 
with or by that agency; or (b) verify the identity of an individual or 
the accuracy of information submitted by an individual who has 
requested access to or amendment or correction of records;
    (3) To the Office of the President in response to an inquiry from 
that office made at the request of the subject of a record or a third 
party on that person's behalf;
    (4) Congressional offices in response to an inquiry made at the 
request of the individual to whom the record pertains;
    (5) Contractors, agents, or other authorized individuals performing 
work on a contract, service, cooperative agreement, job, or other 
activity on behalf of the CFPB or Federal Government and who have a 
need to access the information in the performance of their duties or 
activities;
    (6) Any authorized agency or component of the Department of 
Treasury, the Department of Justice, the Federal Reserve System, the 
Federal Deposit Insurance Corporation or other law enforcement 
authorities including disclosure by such authorities:
    (a) To the extent relevant and necessary in connection with 
litigation in proceedings before a court or other adjudicative body, 
where (i) The United States is a party to or has an interest in the 
litigation, including where the agency, or an agency component, or an 
agency official or employee in his or her official capacity, or an 
individual agency official or employee whom the Department of Justice 
or the Bureau has agreed to represent, is or may likely become a party, 
and (ii) the litigation is likely to affect the agency or any component 
thereof; or
    (b) To outside experts or consultants when considered appropriate 
by CFPB staff to assist in the conduct of agency matters;
    (7) The U.S. Department of Justice (``DOJ'') for its use in 
providing legal advice to the CFPB or in representing the CFPB in a 
proceeding before a court, adjudicative body, or other administrative 
body, where the use of such information by the DOJ is deemed by the 
CFPB to be relevant and necessary to the advice or proceeding, and in 
the case of a proceeding, such proceeding names as a party in interest:
    (a) The CFPB;
    (b) Any employee of the CFPB in his or her official capacity;
    (c) Any employee of the CFPB in his or her individual capacity 
where DOJ or the CFPB has agreed to represent the employee; or
    (d) The United States, where the CFPB determines that litigation is 
likely to affect the CFPB or any of its components;
    (8) A court, magistrate, or administrative tribunal in the course 
of an administrative proceeding or judicial proceeding, including 
disclosures to opposing counsel or witnesses (including expert 
witnesses) in the course of discovery or other pre-hearing exchanges of 
information, litigation, or settlement negotiations, where relevant or 
potentially relevant to a proceeding, or in connection with criminal 
law proceedings; and
    (9) Appropriate agencies, entities, and persons, including but not 
limited to potential expert witnesses or witnesses in the course of 
investigations, to the extent necessary to secure information relevant 
to the investigation.

Policies and practices for storing, retrieving, accessing, retaining, 
and dispensing of records in the system:
Storage:
    Paper and electronic records.

Retrievability:
    Records are retrievable by a variety of fields including, but not 
limited to, the requester's name, the subject matter of request, 
requestor's organization, FOIA tracking number, and staff member 
assigned to process the request. Records may also be searched by the 
address, phone number, fax number, e-mail address of the requesting 
party, and subject matter of the request, or by some combination 
thereof.

Safeguards:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferrable access codes and passwords. 
Other records are maintained in locked file cabinets or rooms with 
access limited to those personnel whose official duties require access.

Retention and disposal:
    Computer and paper records will be maintained in accordance with 
published National Archives and Records Administration Disposition 
Schedule, Transmittal No. 22, General Records Schedule 14, Information 
Service Records.

System manager(s) and address:
    Consumer Financial Protection Bureau, Chief FOIA Officer, 1801 L 
Street, NW., Washington, DC 20036.

Notification procedure:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
inquire in writing in accordance with instructions appearing in Title 
12, Chapter 10 of the CFR, ``Disclosure of Records and Information.'' 
Address such requests to: Chief Privacy Officer, Bureau of Consumer 
Financial Protection, 1801 L St., NW., Washington, DC 20036.

Record access procedures:
    See ``Notification Procedure'' above.

Contesting record procedures:
    See ``Notification Procedure'' above.

Record source categories:
    Information in this system covers individuals about whom records 
are maintained; agency staff assigned to help process, consider, and 
respond to the request, including any appeals; entities filing requests 
or appeals on behalf of the requestor; other governmental authorities; 
and entities that are the subjects of the request or appeals.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-19429 Filed 7-29-11; 8:45 am]
BILLING CODE 4810-25-P
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