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[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68396-68399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28596]

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BUREAU OF CONSUMER FINANCIAL PROTECTION

[Docket No. CFPB-2011-0018]

Privacy Act of 1974, as Amended

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice of Modified 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.

[[Page 68397]]

DATES: Comments must be received no later than December 5, 2011. The 
system of records will be effective December 14, 2011 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket No. CFPB-2011-
0018, by any of the following methods:
     Electronic: http://www.regulations.gov. Follow the 
instructions for submitting comments.
     Mail: Claire Stapleton, Chief Privacy Officer, Consumer 
Financial Protection Bureau, 1700 G Street NW., Washington, DC 20006.
     Hand Delivery/Courier in Lieu of Mail: Claire Stapleton, 
Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G 
Street NW., Washington, DC 20006.
    All submissions must include the agency name and docket number 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 1700 G Street NW., 
Washington, DC 20006, 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 20006, (202) 435-7220.

SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and 
Consumer Financial 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 system of records described in this notice, CFPB.005--Consumer 
Response System, will be used to collect, respond to, and refer 
consumer inquiries and complaints concerning consumer financial 
products and services received after July 21, 2011. A description of 
the system of records follows this Notice.
    The report of a modified 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.005--Consumer Response 
System'' is published in its entirety below.
    The CFPB implementation team under Treasury previously published a 
system of records notice (``SORN'') with proposed routine uses for the 
Consumer Inquiry and Complaint System (``CIC'') in the Federal 
Register, 76 FR 1507, January 10, 2011. Comments were invited from the 
public on the SORN. This notice takes into account these comments and 
establishes the modified system of records.
    The CFPB received several comments regarding the ``routine uses'' 
set forth in that SORN. The CFPB has carefully reviewed these comments 
and has revised the routine uses contained in this SORN, as 
appropriate. In some cases the routine uses have been eliminated or 
combined. In the previous SORN, there were 16 routine uses, while this 
SORN only has 12. In addition, the CFPB has clarified that the system 
may include complaints about individuals made directly to the CFPB and 
not merely complaints about individuals made to other federal or state 
agencies and then shared with the CFPB.
    Some comments discussed the need for further agency rulemaking, and 
development of other procedures and practices. The CFPB has published 
interim final regulations on information disclosure processes and 
procedures. Disclosures of information contained in a system of records 
must be in compliance with these interim final regulations. As the CFPB 
continues to develop its policies, procedures, and regulations as 
required by the Act, it will address other issues raised in the 
comments, including the procedures surrounding the handling of consumer 
complaints as required by Section 1034 of the Act.
    Several comments characterized the routine uses as too broad and 
inclusive. Each of the routine uses listed here reflect the Bureau's 
careful and considered determination that the sharing of consumer 
response information in these situations is necessary and proper to 
carry out the agency's mission. Many of the routine uses are common to 
other agencies. For example, the Federal Deposit Insurance 
Corporation's Consumer Complaint and Inquiry Records SORN, published at 
72 FR 61136, Oct. 29, 2007, and the Office of the Comptroller of the 
Currency's Consumer Complaint and Inquiry Information System, published 
at 73 FR 41412, July 18, 2008, contain routine uses similar to the 
routine uses set forth in this SORN. Indeed several routine uses, such 
as disclosure of information when there has been a security breach that 
could present a risk of harm to the security or integrity of the system 
or individuals, are common to all government agency SORNs.
    One comment objected to the disclosure of information to third 
parties to resolve complaints. This routine use remains as the CFPB 
believes it is necessary to resolve complaints and it is common to 
other financial regulators' consumer complaint SORNs.
    One routine use established in the previous CFPB SORN addressing 
consumer complaint data has been removed based on comments received. 
Disclosure of consumer complaints to other consumers who filed similar 
complaints was formerly authorized for the purpose of updating 
complainants on the status of an investigation. Following the comments 
received, the CFPB determined it was not necessary to disclose this 
information to achieve the goals of updating all parties on the status 
ongoing investigations.
    One comment also objected to the use of the word ``victim'' as 
overly broad. Any references to ``victim'' have been removed.
    The previous consumer complaint SORN contained separate routine 
uses for disclosure of records in civil and criminal proceedings before 
a court, magistrate or administrative tribunal. These routine uses have 
been combined.

    Dated: October 31, 2011.
Claire Stapleton,
Chief Privacy Officer.
CFPB.005

System Name:
    CFPB Consumer Response System.

System Location:
    Consumer Financial Protection Bureau, 1700 G Street NW., 
Washington, DC 20006.

Categories of individuals covered by the system:
    Individuals covered by this system are individuals who submit 
complaints or inquiries to the CFPB (on their own or others' behalf); 
individuals on whose behalf complaints or inquiries are submitted by 
others (such as attorneys, members of Congress, third party advocates, 
and/or other governmental organizations); and individuals or employees 
of entities about whom

[[Page 68398]]

complaints or inquiries have been received by prudential regulators, 
the Federal Trade Commission, other federal agencies, state agencies or 
the CFPB. The term ``prudential regulators'' refers to any federal 
banking agency, as that term is defined in section 3 of the Federal 
Deposit Insurance Act, and the National Credit Union Administration. 
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 organizations is not subject to the Privacy Act.

Categories of records in the system:
    Records in the system may contain: (1) Correspondence or other 
information received; (2) information from the entity or individual 
referring the inquiry or complaint; (3) records created of verbal 
communications by or with complainants or other individuals; (4) 
information regarding third party advocates or others who submit 
complaints or inquiries on another's behalf; (5) information 
identifying the entity that is subject to the complaint or inquiry or 
its employees; (6) communication with or by the entity that is subject 
to the complaint or inquiry or its employees; (7) unique identifiers, 
codes, and descriptors categorizing each complaint or inquiry file; (8) 
information about how complaints or inquiries were responded to or 
referred, including any resolution; (9) records used to respond to or 
refer complaints or inquiries, including information in the CFPB's 
other systems of records; and (10) identifiable information regarding 
both the individual who is making the inquiry or complaint, and the 
individual on whose behalf such inquiry or complaint is made, and 
employees of the entity about which the complaint or inquiry was made, 
including name, social security number, account numbers, address, phone 
number, email address, date of birth.

Authority for maintenance of the system:
    Pub. L. 111-203, Title X, Sections 1011, 1012, 1013(b)(3), 1021, 
1034, codified at 12 U.S.C. 5491, 5492, 5493(b)(3), 5511, 5534.\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 interim final 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(s):
    The information in the system is being collected to enable the CFPB 
to receive, respond to, and refer complaints or inquiries regarding 
consumer financial products or services. The system serves as a record 
of the complaint or inquiry, and is used for collecting complaint or 
inquiry data; responding to or referring the complaint or inquiry; 
aggregating data that will be used to inform other functions of the 
CFPB and, as appropriate, other agencies and/or the public; and 
preparing reports as required by law. This system consists of 
complaints or inquiries received by the CFPB or other entities and 
information concerning responses to or referrals of these complaints or 
inquiries, as appropriate.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses to:
    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;
    (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) 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;
    (8) Appropriate agencies, entities, and persons, to the extent 
necessary to obtain information needed to investigate, resolve, 
respond, or refer to a complaint or inquiry;
    (9) 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;
    (10) An entity or person that is the subject of the complaint or 
inquiry and the counsel or non-attorney representative for that entity 
or person; and
    (11) Federal and state agencies for the purpose of facilitating the 
data sharing requirements described in 12 U.S.C. 5493(b)(3)(D) 
concerning consumer financial products and services complaints.

[[Page 68399]]

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, 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:
    The Consumer Financial Protection Bureau, Assistant Director of 
Response Center, 1700 G Street NW., Washington, DC 20006.

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 20006.

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

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

Record source categories:
    Information in this system is obtained from individuals and 
entities filing complaints and inquiries, other governmental 
authorities, and entities that are the subjects of complaints and 
inquiries.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-28596 Filed 11-3-11; 8:45 am]
BILLING CODE 4810-AM-P
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