27446 Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 

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, herein referred to as the 

Consumer Financial Protection Bureau 

(‘‘CFPB’’) or the ‘‘Bureau’’, gives notice 

of the establishment of a Privacy Act 

System of Records. 

DATES: Comments must be received no 

later than June 11, 2012. The new 

system of records will be effective June 

19, 2012 unless the comments received 

result in a contrary determination. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Electronic: privacy@cfpb.gov. 

• Mail or Hand Delivery/Courier: 

Claire Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1700 G Street NW., Washington, DC 

20552. 

Comments will be available for public 

inspection and copying at 1700 G Street 

NW., Washington, DC 20552 on official 

business days between the hours of 

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

can make an appointment to inspect 

comments by telephoning (202) 435– 

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, 

1700 G Street NW., Washington, DC 

20552, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

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

203, Title X, established the CFPB. The 

CFPB administers, enforces, and 

implements federal consumer financial 

law, and, among other powers, has 

authority to protect consumers from 

unfair, deceptive, abusive, and 

discriminatory practices when obtaining 

consumer financial products or services. 

The CFPB will maintain the records 

covered by this notice. 

The new system of records described 

in this notice, CFPB.018—Litigation 

Files will track and store electronic 

information, including both imaged and 

paper documents, to allow the Bureau to 

represent itself and its components in 

court cases and administrative 

proceedings. 

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.018—Litigation Files’’ is 

published in its entirety below. 

Dated: May 4, 2012. 

Claire Stapleton, 

Chief Privacy Officer. 

CFPB.018 

SYSTEM NAME: 

Litigation Files. 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1700 G Street NW., Washington 

DC, 20552. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals covered by this system 

include, but are not limited to: 

(1) Individuals who are involved in 

litigation with the Bureau or the United 

States (regarding matters within the 

jurisdiction of the Bureau) either as 

plaintiffs or as defendants in both civil 

and criminal matters; (2) individuals 

who are involved in litigation regarding 

matters within the jurisdiction of the 

Bureau, either as plaintiffs or as 

defendants, in which the Bureau 

becomes involved as an amicus curiae 

or intervener; (3) individuals who either 

file administrative complaints against 

the Bureau or are the subjects of 

administrative complaints initiated by 

the Bureau; (4) CFPB or other federal 

employees whose duties are related to 

litigation activities; (5) participants in 

CFPB referrals, investigations, 

rulemaking, advisory, and law 

enforcement proceedings; (6) parties 

requesting formal advisory opinions; (7) 

parties involved in a contract claim or 

bid protest; and (8) parties who request 

review by the Bureau or other federal 

agencies of potential settlements under 

the Class Action Fairness Act (‘‘CAFA’’). 

Information collected regarding 

consumer products and services is 

subject to the Privacy Act only to the 

extent that it concerns individuals; 

information pertaining to corporations 

and other business entities and 

aggregate, non-identifiable information 

is not subject to the Privacy Act. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in this system contain 

information pertaining to the subject 

matter of the litigation, administrative 

complaint, or adverse personnel action 

as well as records generated during the 

process of creating the litigation 

function of the Bureau. Such records 

may include complaints, litigation 

reports, administrative transcripts, 

various litigation documents, 

investigative materials, correspondence, 

briefs, court orders and judgments, 

affidavits and other statements from 

witnesses, internal staff memoranda, 

interview notes, investigative notes, 

staff working papers, draft materials, 

and other related documents and 

records, correspondence and internal 

status reports including matter initiation 

reports and closing reports. 

Records maintained in the system 

may contain: Identifiable information 

about individuals such as name, 

address, email address, phone number, 

social security number, employment 

status, age, date of birth, financial 

information, credit information, and 

personal history. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Public Law 111–203, Title X, Section 

1012, codified at 12 U.S.C. § 5492, and 

Section 1054, codified at 12 U.S.C. 

§ 5564. 

PURPOSE(S): 

This system will track and store 

electronic information, including 

imaged and paper documents, to allow 

the Bureau to represent itself and its 

components in court cases and 

administrative proceedings. 

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 at 12 CFR part 1070 et seq., 

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 

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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices 27447 

rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the CFPB’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm; 

(2) Another federal or state agency to: 

(a) Permit a decision as to access, 

amendment or correction of records to 

be made in consultation with or by that 

agency; or (b) verify the identity of an 

individual or the accuracy of 

information submitted by an individual 

who has requested access to or 

amendment or correction of records; 

(3) The Office of the President in 

response to an inquiry from that office 

made at the request of the subject of a 

record or a third party on that person’s 

behalf; 

(4) Congressional offices in response 

to an inquiry made at the request of the 

individual to whom the record pertains; 

(5) Contractors, agents, or other 

authorized individuals performing work 

on a contract, service, cooperative 

agreement, job, or other activity on 

behalf of the CFPB or Federal 

Government and who have a need to 

access the information in the 

performance of their duties or activities; 

(6) 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; 

(7) The Federal Trade Commission 

(‘‘FTC’’) or other federal banking 

agencies, for their use in providing legal 

advice to the CFPB, where the use of 

such information by these agencies is 

deemed by the CFPB to be relevant and 

necessary to the Bureau’s involvement 

in a proceeding as a party, amicus 

curiae or intervener; 

(8) DOJ, the FTC, or other federal 

banking agencies, in connection with 

the CFPB’s or these agencies’ review of 

CAFA notices that the CFPB has 

received; 

(9) A grand jury pursuant either to a 

federal or state grand jury subpoena, or 

to a prosecution request that such 

record be released for the purpose of its 

introduction to a grand jury, where the 

subpoena or request has been 

specifically approved by a court. In 

those cases where the Federal 

Government is not a party to the 

proceeding, records may be disclosed if 

a subpoena has been signed by a judge; 

(10) A court, magistrate, or 

administrative tribunal in the course of 

an administrative proceeding or judicial 

proceeding, including disclosures to 

opposing counsel or witnesses 

(including expert witnesses) in the 

course of discovery or other pre-hearing 

exchanges of information, litigation, or 

settlement negotiations, where relevant 

or potentially relevant to a proceeding, 

or in connection with criminal law 

proceedings; 

(11) Appropriate agencies, entities, 

and persons, including but not limited 

to potential expert witnesses or 

witnesses in the course of 

investigations, to the extent necessary to 

secure information relevant to the 

investigation; 

(12) Appropriate federal, state, local, 

foreign, tribal, or self-regulatory 

organizations or agencies responsible for 

investigating, prosecuting, enforcing, 

implementing, issuing, or carrying out a 

statute, rule, regulation, order, policy, or 

license if the information may be 

relevant to a potential violation of civil 

or criminal law, rule, regulation, order, 

policy or license; and 

(13) Officials of a labor organization 

when relevant and necessary to their 

duties of exclusive representation 

concerning personnel policies, 

practices, and matters affecting working 

conditions. 

POLICIES AND PRACTIES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPENSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records maintained in this system are 

stored electronically and in file folders. 

Paper copies of individual records are 

made by the authorized CFPB staff. 

RETRIEVABILITY: 

Records are retrievable by a variety of 

fields including, without limitation, 

name of the individual involved in a 

case, address, account number, social 

security 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 Records 

Administration approves the CFPB’s 

records disposition schedule. 

SYSTEM MANAGER(S) AND ADDRESS: 

Consumer Financial Protection 

Bureau, Assistant General Counsel for 

Litigation, Office of General Counsel, 

1700 G Street NW., Washington, DC 

20552. 

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, 1700 G 

Street NW., Washington, DC 20552. 

RECORD ACCESS PROCEDURE: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from individuals who are involved in 

litigation, including CFPB or other 

federal employees, participants in CFPB 

investigations, rulemaking, advisory, 

and law enforcement proceedings and 

those requesting formal advisory 

opinions. 

EXEMTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2012–11233 Filed 5–9–12; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Department of Defense Wage 

Committee; Notice of Closed Meetings 

AGENCY: Department of Defense (DoD). 

ACTION: Notice of closed meetings. 

SUMMARY: Pursuant to the provisions of 

section 10 of Public Law 92–463, the 

Federal Advisory Committee Act, notice 

is hereby given that a closed meeting of 

the Department of Defense Wage 

Committee will be held. 

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