This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

45757 

Vol. 76, No. 147 

Monday, August 1, 2011 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Privacy Act of 1974, as Amended 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of Proposed Privacy Act 

System of Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Bureau of Consumer Financial 

Protection, hereinto referred to as the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) gives notice of the 

establishment of a Privacy Act System 

of Records. 

DATES: Comments must be received no 

later than August 31, 2011. The new 

system of records will be effective 

September 12, 2011 unless the 

comments received result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0013, by any of the following methods: 

• Electronic: http://www.regulations.

gov. Follow the instructions for 

submitting comments. 

• Mail or Hand Delivery/Courier in 

Lieu of Mail: Claire Stapleton, Chief 

Privacy Officer, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

All submissions must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

for this notice. In general all comments 

received will be posted without change 

to http://www.regulations.gov. In 

addition, comments will be available for 

public inspection and copying at 1801 

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

official business days between the hours 

of 10 a.m. and 5 p.m. Eastern Time. You 

can make an appointment to inspect 

comments by telephoning (202) 435– 

7220. All comments, including 

attachments and other supporting 

materials, will become part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Claire Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1801 L Street, NW., Washington, DC 

20036, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

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

203, Title X, established the CFPB to 

administer and enforce federal 

consumer financial protection law. The 

CFPB will maintain the records covered 

by this notice. 

The new systems of records described 

in this notice, CFPB.004—Enforcement 

Database, will enable the CFPB to carry 

out its responsibilities with respect to 

the enforcement of federal consumer 

financial protection law. A description 

of the new system of records follows 

this Notice. 

The report of a new system of records 

has been submitted to the Committee on 

Oversight and Government Reform of 

the House of Representatives, the 

Committee on Homeland Security and 

Governmental Affairs of the Senate, and 

the Office of Management and Budget, 

pursuant to Appendix I to OMB Circular 

A–130, ‘‘Federal Agency 

Responsibilities for Maintaining 

Records About Individuals,’’ dated 

November 30, 2000, and the Privacy 

Act, 5 U.S.C. 552a(r). 

The system of records entitled, 

‘‘CFPB.004—Enforcement Database’’ is 

published in its entirety below. 

Dated: July 27, 2011. 

Claire Stapleton, 

Chief Privacy Officer. 

CFPB.004 

SYSTEM NAME: 

CFPB Enforcement Database. 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Covered individuals include: 

(1) Individuals who are current or 

former directors, officers, employees, 

shareholders, agents, and independent 

contractors of covered persons or 

service providers, who are or have been 

the subjects of or otherwise associated 

with an investigation or enforcement 

action by the CFPB, or have been named 

in connection with suspicious activity 

reports or administrative enforcement 

orders or agreement. Covered persons 

and service providers include banks, 

savings associations, credit unions, 

thrifts, non-depository institutions, or 

other persons, offering, providing, or 

assisting with the provision of consumer 

financial products or services. 

(2) Current, former, and prospective 

consumers who are or have been 

customers or prospective customers of, 

solicited by, or serviced by covered 

persons or service providers if such 

individuals have provided information, 

including complaints about covered 

persons or service providers, or are or 

have been witnesses in or otherwise 

associated with an enforcement action 

by the CFPB. 

(3) Applicants, current and former 

directors, officers, employees, 

shareholders, agents, and independent 

contractors of persons and entities that 

have business relationships with 

covered persons or service providers 

who are or have been the subject of an 

enforcement action by the CFPB. 

(4) Current, former, and prospective 

customers of persons and entities that 

have business relationships with 

covered persons or service providers 

that are or have been the subject of an 

enforcement action by the CFPB, and 

the customers are complainants against 

covered persons or service providers, or 

witnesses in or otherwise associated 

with an enforcement action. 

(5) Other individuals who have 

inquired about or may have information 

relevant to an investigation or 

proceeding concerning a possible 

violation of federal consumer financial 

law. Information collected regarding 

consumer financial products and 

services is subject to the Privacy Act 

only to the extent that it concerns 

individuals; information pertaining to 

corporations and other business entities 

and aggregate, non-identifiable 

information is not subject to the Privacy 

Act. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records maintained in the system 

may contain: Identifiable information 

about individuals such as name, 

address, e-mail address, phone number, 

social security number, employment 

status, age, date of birth, financial 


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45758 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 

1Section 1066 of the Act grants the Secretary of 

the Treasury interim authority to perform certain 

functions of the CFPB. Pursuant to that authority, 

Treasury published rules on the Disclosure of 

Records and Information within 12 CFR Chapter X. 

This SORN is published pursuant to those rules and 

the Privacy Act. 

information, credit information, and 

personal history. Records in this system 

are collected and generated during the 

investigation of potential violations and 

enforcement of laws and regulations 

under the jurisdiction of the CFPB and 

may include (1) Records provided to the 

CFPB about potential or pending 

investigations, administrative 

proceedings, and civil litigation; 

(2) evidentiary materials gathered or 

prepared by the CFPB or obtained for 

use in investigations, proceedings, or 

litigation, and work product derived 

from or related thereto; (3) staff working 

papers, memoranda, analyses, 

databases, and other records and work 

product relating to possible or actual 

investigations, proceedings, or 

litigation; (4) databases, 

correspondence, and reports tracking 

the initiation, status, and closing of 

investigations, proceedings, and 

litigation; (5) correspondence and 

materials used by the CFPB to refer 

criminal and other matters to the 

appropriate agency or authority, and 

records reflecting the status of any 

outstanding referrals; 

(6) correspondence and materials shared 

between the CFPB and other federal and 

state agencies; (7) consumer complaints 

made or referred to the CFPB. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Public Law 111–203, Title X, Sections 

1011, 1012, 1021, codified at 12 U.S.C. 

5491, 5492, 5511.1

PURPOSE(S): 

The information in the system is 

being collected to enable the CFPB to 

carry out its responsibilities with 

respect to enforcement of Title X of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act and other 

federal consumer financial law, 

including: (1) The investigation of 

potential violations of federal consumer 

financial law; (2) the pursuit of 

administrative or civil enforcement 

actions; and (3) the referral of matters, 

as appropriate, to the Department of 

Justice or other federal or state agencies. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

These records may be disclosed, 

consistent with the CFPB Disclosure of 

Records and Information Rules 

promulgated in the title of the CFR to: 

(1) Appropriate agencies, entities, and 

persons when: (a) The CFPB suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) the CFPB has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

CFPB or another agency or entity) that 

rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the CFPB’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm; 

(2) Another federal or state agency to: 

(a) Permit a decision as to access, 

amendment or correction of records to 

be made in consultation with or by that 

agency; or (b) verify the identity of an 

individual or the accuracy of 

information submitted by an individual 

who has requested access to, or 

amendment or correction of records; 

(3) 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 information in the performance 

of their duties or activities; 

(6) Any authorized agency or 

component of the Department of 

Treasury, the Department of Justice, the 

Federal Reserve System, the Federal 

Deposit Insurance Corporation or other 

law enforcement authorities including 

disclosure by such authorities: 

(a) To the extent relevant and 

necessary in connection with litigation 

in proceedings before a court or other 

adjudicative body, where (i) the United 

States is a party to or has an interest in 

the litigation, including where the 

agency, or an agency component, or an 

agency official or employee in his or her 

official capacity, or an individual 

agency official or employee whom the 

Department of Justice or the Bureau has 

agreed to represent, is or may likely 

become a party, and (ii) the litigation is 

likely to affect the agency or any 

component thereof; or 

(b) To outside experts or consultants 

when considered appropriate by CFPB 

staff to assist in the conduct of agency 

matters; 

(7) The U.S. Department of Justice 

(‘‘DOJ’’) for its use in providing legal 

advice to the CFPB or in representing 

the CFPB in a proceeding before a court, 

adjudicative body, or other 

administrative body, where the use of 

such information by the DOJ is deemed 

by the CFPB to be relevant and 

necessary to the advice or proceeding, 

and in the case of a proceeding, such 

proceeding names as a party in interest: 

(a) The CFPB; 

(b) Any employee of the CFPB in his 

or her official capacity; 

(c) Any employee of the CFPB in his 

or her individual capacity where DOJ or 

the CFPB has agreed to represent the 

employee; or 

(d) The United States, where the 

CFPB determines that litigation is likely 

to affect the CFPB or any of its 

components; 

(8) A grand jury pursuant either to a 

federal or state grand jury subpoena, or 

to a prosecution request that such 

record be released for the purpose of its 

introduction to a grand jury, where the 

subpoena or request has been 

specifically approved by a court. In 

those cases where the Federal 

Government is not a party to the 

proceeding, records may be disclosed if 

a subpoena has been signed by a judge; 

(9) A court, magistrate, or 

administrative tribunal in the course of 

an administrative proceeding or judicial 

proceeding, including disclosures to 

opposing counsel or witnesses 

(including expert witnesses) in the 

course of discovery or other pre-hearing 

exchanges of information, litigation, or 

settlement negotiations, where relevant 

or potentially relevant to a proceeding, 

or in connection with criminal law 

proceedings; 

(10) Appropriate agencies, entities, 

and persons, including but not limited 

to potential expert witnesses or 

witnesses in the course of 

investigations, to the extent necessary to 

secure information relevant to the 

investigation; 

(11) Appropriate federal, state, local, 

foreign, tribal, or self-regulatory 

organizations or agencies responsible for 

investigating, prosecuting, enforcing, 

implementing, issuing, or carrying out a 

statute, rule, regulation, order, policy, or 

license if the information may be 

relevant to a potential violation of civil 

or criminal law, rule, regulation, order, 

policy or license; and 

(12) An entity or person that is the 

subject of supervision or enforcement 

activities including examinations, 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 45759 

investigations, administrative 

proceedings, and litigation, and the 

attorney or non-attorney representative 

for that entity or person. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPENSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic records. 

RETRIEVABILITY: 

Records are retrievable by a variety of 

fields including without limitation the 

individual’s name, address, account 

number, social security number, 

transaction number, phone number, 

date of birth, or by some combination 

thereof. 

SAFEGUARDS: 

Access to electronic records is 

restricted to authorized personnel who 

have been issued non-transferrable 

access codes and passwords. Other 

records are maintained in locked file 

cabinets or rooms with access limited to 

those personnel whose official duties 

require access. 

RETENTION AND DISPOSAL: 

The CFPB will maintain computer 

and paper records indefinitely until the 

National Archives and Record 

Administration approves the CFPB’s 

records disposition schedule. 

SYSTEM MANAGER(S) AND ADDRESS: 

The Consumer Financial Protection 

Bureau, Assistant Director for 

Enforcement, 1801 L Street, NW., 

Washington, DC 20036. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification and 

access to any record contained in this 

system of records, or seeking to contest 

its content, may inquire in writing in 

accordance with instructions appearing 

in Title 12, Chapter 10 of the CFR, 

‘‘Disclosure of Records and 

Information.’’ Address such requests to: 

Chief Privacy Officer, Bureau of 

Consumer Financial Protection, 1801 L 

St., NW., Washington, DC 20036. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from banks, savings associations, credit 

unions, or non-depository institutions 

or other persons offering or providing 

consumer financial products or services, 

current, former, and prospective 

consumers who are or have been 

customers or prospective employees and 

agents of such persons, and current, 

former, and prospective customers of 

such entities and persons, and others 

with information relevant to the 

enforcement of federal consumer 

financial laws. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of the records in this system 

are complied for law enforcement 

purposes and are exempt from 

disclosure under CFPB’s Privacy Act 

regulations and 5 U.S.C. 552a(k)(2). 

Federal criminal law enforcement 

investigatory reports maintained as part 

of this system may be the subject of 

exemptions imposed by the originating 

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

[FR Doc. 2011–19424 Filed 7–29–11; 8:45 am] 

BILLING CODE 4810–25–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Privacy Act of 1974, as Amended 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of Proposed Privacy Act 

System of Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Bureau of Consumer Financial 

Protection, hereinto referred to as the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) gives notice of the 

establishment of a Privacy Act System 

of Records. 

DATES: Comments must be received no 

later than August 31, 2011. The new 

system of records will be effective 

September 12, 2011 unless the 

comments received result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0014, by any of the following methods: 

• Electronic: http://www.regulations.

gov. Follow the instructions for 

submitting comments. 

• Mail or Hand Delivery/Courier in 

Lieu of Mail: Claire Stapleton, Chief 

Privacy Officer, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

All submissions must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

for this notice. In general all comments 

received will be posted without change 

to http://www.regulations.gov. In 

addition, comments will be available for 

public inspection and copying at 1801 

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

official business days between the hours 

of 10 a.m. and 5 p.m. Eastern Time. You 

can make an appointment to inspect 

comments by telephoning (202) 435– 

7220. All comments, including 

attachments and other supporting 

materials, will become part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Claire Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1801 L. Street, NW., Washington, DC 

20036, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

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

203, Title X, established the CFPB to 

administer and enforce federal 

consumer financial protection law. The 

CFPB will maintain the records covered 

by this notice. 

The new systems of records described 

in this notice, CFPB.006—Social 

Networks and Citizen Engagement 

System, will assist the CFPB by 

providing effective, social media-based 

ways to share information and interact 

with the public. A description of the 

new system of records follows this 

Notice. 

The report of a new system of records 

has been submitted to the Committee on 

Oversight and Government Reform of 

the House of Representatives, the 

Committee on Homeland Security and 

Governmental Affairs of the Senate, and 

the Office of Management and Budget, 

pursuant to Appendix I to OMB Circular 

A–130, ‘‘Federal Agency 

Responsibilities for Maintaining 

Records About Individuals,’’ dated 

November 30, 2000, and the Privacy 

Act, 5 U.S.C. 552a(r). 

The system of records entitled, 

‘‘CFPB.006—Social Networks and 

Citizen Engagement System’’ is 

published in its entirety below. 

Dated: July 27, 2011. 

Claire Stapleton, 

Chief Privacy Officer. 

CFPB.006 

SYSTEM NAME: 

CFPB Social Networks and Citizen 

Engagement System. 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Users of social media who interact 

with the CFPB through various social 

media outlets, including but not limited 

to third-party sites and services such as 


srobinson on DSK4SPTVN1PROD with NOTICES