Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 45765 

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; 

(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; and 

(10) 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. 

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, social security 

number, passport number, driver’s 

license or state identification number, or 

other unique number used to establish 

identity of the owner or controlling 

person, address, account number, phone 

number, 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, Chief Technology Officer, 1801 

L Street, NW., Washington, DC 20036. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification and 

access to any record contained in this 

system of records, or seeking to contest 

its content, may inquire in writing in 

accordance with instructions appearing 

in Title 12, Chapter 10 of the CFR, 

‘‘Disclosure of Records and 

Information.’’ Address such requests to: 

Chief Privacy Officer, Bureau of 

Consumer Financial Protection, 1801 L 

St., NW., Washington, DC 20036. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from entities offering or providing 

consumer financial products or services. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2011–19425 Filed 7–29–11; 8:45 am] 

BILLING CODE 4810–25–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

Privacy Act of 1974, as Amended 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Notice of Proposed Privacy Act 

System of Records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, the 

Bureau of Consumer Financial 

Protection, hereinto referred to as the 

Consumer Financial Protection Bureau 

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

of the establishment of a Privacy Act 

System of Records. 

DATES: Comments must be received no 

later than August 31, 2011. The new 

system of records will be effective 

September 12, 2011 unless the 

comments received result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by Docket No. CFPB–2011– 

0011, by any of the following methods: 

• Electronic: http://www.regulations.

gov. Follow the instructions for 

submitting comments. 

• Mail or Hand Delivery/Courier in 

Lieu of Mail: Claire Stapleton, Chief 

Privacy Officer, Consumer Financial 

Protection Bureau, 1801 L Street, NW., 

Washington, DC 20036. All submissions 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

notice. In general all comments received 

will be posted without change to 

http://www.regulations.gov. In addition, 

comments will be available for public 

inspection and copying at 1801 L St., 

NW., Washington, DC 20036, on official 

business days between the hours of 

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

can make an appointment to inspect 

comments by telephoning (202) 435– 

7220. All comments, including 

attachments and other supporting 

materials, will become part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Claire Stapleton, Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1801 L Street, NW., Washington, DC 

20036, (202) 435–7220. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

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

111–203, Title X, established the CFPB 

to administer and enforce Federal 

consumer financial protection law. The 

CFPB will maintain the records covered 

by this notice. 

The new system of records described 

in this notice, CFPB.002—Depository 

Institution Supervision Database, will 

be used to enable the CFPB to carry out 

its responsibilities with respect to 

certain banks, savings associations, 

credit unions, and their affiliates and 

service providers, including the 

coordination and conduct of 

examinations, supervisory evaluations 

and analyses, and enforcement actions. 

The system will also allow the CFPB to 

coordinate with other financial 

regulatory agencies. A description of the 

new system of records follows this 

Notice. 

The report of a new system of records 

has been submitted to the Committee on 

Oversight and Government Reform of 

the House of Representatives, the 

Committee on Homeland Security and 

Governmental Affairs of the Senate, and 


srobinson on DSK4SPTVN1PROD with NOTICES
45766 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. 

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.002—Depository Institution 

Supervision Database’’ is published in 

its entirety below. 

Dated: July 27, 2011. 

Claire Stapleton, 

Chief Privacy Officer. 

CFPB.002 

SYSTEM NAME: 

CFPB Depository Institution 

Supervision Database. 

SYSTEM LOCATION: 

Consumer Financial Protection 

Bureau, 1801 L Street, NW., 

Washington, DC 20036. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals covered by this system 

are: (1) Individuals who themselves are, 

and current and former directors, 

officers, employees, agents, 

shareholders, and independent 

contractors of banks, savings 

associations, or credit unions; (2) 

Current and former consumers who are 

or have been in the past serviced by 

banks, savings associations, or credit 

unions subject to the supervision of the 

CFPB; and (3) CFPB employees assigned 

to supervise banks, savings associations, 

or credit unions. 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 

is not subject to the Privacy Act. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in the system may contain 

information provided by a supervised 

institution, by individuals who are or 

have been serviced by a supervised 

institution, or other government 

authorities, to the CFPB in the exercise 

of CFPB’s responsibilities and used to 

assess an institution’s compliance with 

various statutory and regulatory 

obligations. This may include: (1) 

Personally identifiable information from 

customers of banks, savings 

associations, or credit unions, including 

without limitation, name, account 

numbers, address, phone number, 

e-mail address, and date of birth; (2) 

contact information of officials of 

institutions such as members of the 

Board of Directors, Audit Committee 

Chair, Chief Executive Officer, Chief 

Compliance Officer, Internal Auditor, 

and Independent Auditor including, 

without limitation, name, address, 

phone number and e-mail address; (3) 

information about CFPB employees 

assigned to depository institution 

supervision tasks, including, without 

limitation, name, phone number, e-mail 

address, address, and other employment 

information; and (4) Confidential 

Supervision Information or Personal 

Information, including information 

relating to individuals that is derived 

from Confidential Supervisory 

Information or from consumer 

complaints. This information may 

include, without limitation, reports of 

examinations and associated 

documentation regarding compliance 

with consumer financial protection 

laws; documents assessing the current 

and past safety and soundness/risk 

management of a covered person or 

service provider; reports of consumer 

complaints; and correspondence 

relating to any category of information 

discussed above and actions taken to 

remedy deficiencies in these areas. 

Information contained in the 

Depository Institution Supervision 

Database is collected from a variety of 

sources, including, without limitation: 

(1) The individuals who own, control, 

or work for covered persons or service 

providers; (2) existing databases 

maintained by other Federal and state 

regulatory associations, law 

enforcement agencies, and related 

entities; (3) third parties with relevant 

information about covered persons or 

services providers; and (4) information 

generated by CFPB employees or about 

CFPB employees assigned supervisory 

tasks. Whenever practicable, the CFPB 

will collect information about an 

individual directly from that individual. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Public Law 111–203, Title X, Section 

1011, 1012, 1021, 1025, codified at 

12 U.S.C. 5491, 5492, 5511, 5515.1

PURPOSE(S): 

The information in the system is 

being collected to enable the CFPB to 

carry out its responsibilities with 

respect to banks, savings associations, 

credit unions, and their affiliates and 

service providers, including the 

coordination and conduct of 

examinations, supervisory evaluations 

and analyses, enforcement actions, 

actions in Federal court, and 

coordination with other financial 

regulatory agencies. The information 

collected in this system will also 

support the conduct of investigations or 

be used as evidence by the CFPB or 

other supervisory or law enforcement 

agencies. This may result in criminal 

referrals, referral to the Federal Reserve 

Office of Inspector General, or the 

initiation of administrative or Federal 

court actions. This system will track and 

store examination and inspection 

documents created during the 

performance of the CFPB’s statutory 

duties. This system also will enable the 

CFPB to monitor and coordinate regular 

examinations and required reports, 

supervisory evaluations and analyses, 

and enforcement actions internally and 

with other Federal and state regulators. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

These records may be disclosed, 

consistent with the CFPB Disclosure of 

Records and Information Rules 

promulgated in the title of the CFR to: 

(1) Appropriate agencies, entities, and 

persons when: (a) The CFPB suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (b) the CFPB has 

determined that, as a result of the 

suspected or confirmed compromise, 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

CFPB or another agency or entity) that 

rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the CFPB’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm; 

(2) Another Federal or state agency to: 

(a) Permit a decision as to access, 

amendment or correction of records to 

be made in consultation with or by that 

agency; or (b) verify the identity of an 

individual or the accuracy of 

information submitted by an individual 

who has requested access to, or 

amendment or correction of records; 

(3) The Office of the President in 

response to an inquiry from that office 

made at the request of the subject of a 

record or a third party on that person’s 

behalf; 

(4) Congressional offices in response 

to an inquiry made at the request of the 

individual to whom the record pertains; 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Notices 45767 

(5) Contractors, agents, or other 

authorized individuals performing work 

on a contract, service, cooperative 

agreement, job, or other activity on 

behalf of the CFPB or Federal 

Government and who have a need to 

access the information in the 

performance of their duties or activities; 

(6) Any authorized agency or 

component of the Department of 

Treasury, the Department of Justice, the 

Federal Reserve System, the Federal 

Deposit Insurance Corporation or other 

law enforcement authorities including 

disclosure by such authorities: 

(a) To the extent relevant and 

necessary in connection with litigation 

in proceedings before a court or other 

adjudicative body, where (i) The United 

States is a party to or has an interest in 

the litigation, including where the 

agency, or an agency component, or an 

agency official or employee in his or her 

official capacity, or an individual 

agency official or employee whom the 

Department of Justice or the Bureau has 

agreed to represent, is or may likely 

become a party, and (ii) the litigation is 

likely to affect the agency or any 

component thereof; or 

(b) To outside experts or consultants 

when considered appropriate by CFPB 

staff to assist in the conduct of agency 

matters; 

(7) The U.S. Department of Justice 

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

advice to the CFPB or in representing 

the CFPB in a proceeding before a court, 

adjudicative body, or other 

administrative body, where the use of 

such information by the DOJ is deemed 

by the CFPB to be relevant and 

necessary to the advice or proceeding, 

and in the case of a proceeding, such 

proceeding names as a party in interest: 

(a) The CFPB; 

(b) Any employee of the CFPB in his 

or her official capacity; 

(c) Any employee of the CFPB in his 

or her individual capacity where DOJ or 

the CFPB has agreed to represent the 

employee; or 

(d) The United States, where the 

CFPB determines that litigation is likely 

to affect the CFPB or any of its 

components; 

(8) A grand jury pursuant either to a 

Federal or state grand jury subpoena, or 

to a prosecution request that such 

record be released for the purpose of its 

introduction to a grand jury, where the 

subpoena or request has been 

specifically approved by a court. In 

those cases where the Federal 

Government is not a party to the 

proceeding, records may be disclosed if 

a subpoena has been signed by a judge; 

(9) A court, magistrate, or 

administrative tribunal in the course of 

an administrative proceeding or judicial 

proceeding, including disclosures to 

opposing counsel or witnesses 

(including expert witnesses) in the 

course of discovery or other pre-hearing 

exchanges of information, litigation, or 

settlement negotiations, where relevant 

or potentially relevant to a proceeding, 

or in connection with criminal law 

proceedings; 

(10) Appropriate agencies, entities, 

and persons, including but not limited 

to potential expert witnesses or 

witnesses in the course of 

investigations, to the extent necessary to 

secure information relevant to the 

investigation; 

(11) Appropriate Federal, state, local, 

foreign, tribal, or self-regulatory 

organizations or agencies responsible for 

investigating, prosecuting, enforcing, 

implementing, issuing, or carrying out a 

statute, rule, regulation, order, policy, or 

license if the information may be 

relevant to a potential violation of civil 

or criminal law, rule, regulation, order, 

policy or license; and 

(12) An entity or person that is the 

subject of supervision or enforcement 

activities including examinations, 

investigations, administrative 

proceedings, and litigation, and the 

attorney or non-attorney representative 

for that entity or person. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPENSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper and electronic records. 

RETRIEVABILITY: 

Records are retrievable by a variety of 

fields including without limitation the 

individual’s name, complaint/inquiry 

case number, address, account number, 

transaction number, phone number, 

date of birth, or by some combination 

thereof. 

SAFEGUARDS: 

Access to electronic records is 

restricted to authorized personnel who 

have been issued non-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 Director of Large Bank 

Supervision, 1801 L Street, NW., 

Washington, DC 20036. 

NOTIFICATION PROCEDURE: 

Individuals seeking notification and 

access to any record contained in this 

system of records, or seeking to contest 

its content, may inquire in writing in 

accordance with instructions appearing 

in Title 12, Chapter 10 of the CFR, 

‘‘Disclosure of Records and 

Information.’’ Address such requests to: 

Chief Privacy Officer, Bureau of 

Consumer Financial Protection, 1801 L 

St., NW., Washington, DC 20036. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from banks, savings associations, credit 

unions, and their affiliates and service 

providers, persons subject to the CFPB’s 

authority, and current, former, and 

prospective consumers who are or have 

been customers or prospective 

customers of covered persons, and 

others with information relevant to the 

enforcement of Federal consumer 

financial laws. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of the records in this system 

are complied for law enforcement 

purposes and are exempt from 

disclosure under 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. 2011–19428 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 


srobinson on DSK4SPTVN1PROD with NOTICES