Rule2021-18589
Privacy Act Implementation Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2021
Effective
September 1, 2021
Issuing agencies
Consumer Financial Protection Bureau
Abstract
The Bureau of Consumer Financial Protection (Bureau or CFPB) makes limited revisions to its regulations that establish the procedures used by the public to obtain records from the Bureau under the Privacy Act of 1974 (Privacy Act). The revisions will change the definition of "Chief Privacy Officer" in order to align the Chief Privacy Officer's authorities and responsibilities identified in the regulation to those of the Bureau's designated Senior Agency Official for Privacy. The revisions will also facilitate electronic or remote identity proofing and authentication by creating an additional method for a requester to verify their identity when submitting a Privacy Act request to the Bureau.
Full Text
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<title>Federal Register, Volume 86 Issue 167 (Wednesday, September 1, 2021)</title>
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[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Rules and Regulations]
[Pages 48900-48901]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18589]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1070
Privacy Act Implementation Rules
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule.
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SUMMARY: The Bureau of Consumer Financial Protection (Bureau or CFPB)
makes limited revisions to its regulations that establish the
procedures used by the public to obtain records from the Bureau under
the Privacy Act of 1974 (Privacy Act). The revisions will change the
definition of ``Chief Privacy Officer'' in order to align the Chief
Privacy Officer's authorities and responsibilities identified in the
regulation to those of the Bureau's designated Senior Agency Official
for Privacy. The revisions will also facilitate electronic or remote
identity proofing and authentication by creating an additional method
for a requester to verify their identity when submitting a Privacy Act
request to the Bureau.
DATES: This rule is effective September 1, 2021.
FOR FURTHER INFORMATION CONTACT: David Snyder, Senior Counsel, Legal
Division, 202-435-7758. If you require this document in an alternative
electronic format, please contact <a href="/cdn-cgi/l/email-protection#9eddd8cedcc1dffdfdfbededf7fcf7f2f7eae7defdf8eefcb0f9f1e8"><span class="__cf_email__" data-cfemail="55161305170a1436363026263c373c393c212c15363325377b323a23">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The Bureau first published its Privacy Act implementation rules,
located in subpart E of part 1070, in an interim final rule in July
2011. See 76 FR 45371 (July 28, 2011). This was followed by a final
rule in February 2013. See 78 FR 11483 (Feb. 15, 2013). The Bureau
subsequently proposed revisions to its rules in a notice of proposed
rulemaking in August 2016, followed by a final rule that adopted these
revisions in September 2018. See 81 FR 58310 (Aug. 24, 2016); 83 FR
46075 (Sept. 12, 2018). The Bureau now makes limited revisions to its
Privacy Act implementation rules in order to (1) align the authorities
and responsibilities of the ``Chief Privacy Officer'' identified in the
rules with the authorities and responsibilities of the Bureau's Senior
Agency Official for Privacy; and (2) facilitate electronic or remote
identity proofing and authentication in accordance with the Creating
Advanced Streamlined Electronic Services for Constituents (CASES) Act
of 2019, Public Law 116-50, 133 Stat. 1073 (2019), and the Office of
Management and Budget's implementing guidance, M-21-04, ``Modernizing
Access to and Consent for Disclosure of Records Subject to the Privacy
Act'' (Nov. 12, 2020).
II. Summary of the Rule
The Bureau makes two revisions to subpart E of part 1070, which
establishes the Bureau's rule implementing the Privacy Act. First, the
Bureau revises the definition of ``Chief Privacy Officer'' to align the
authorities and responsibilities in the regulation to those of its
designated Senior Agency Official for Privacy. Second, to facilitate
electronic or remote identity proofing and authentication, the Bureau
adds an additional method for a requester to verify their identity when
submitting a Privacy Act request to the Bureau.
III. Legal Authority
The Bureau is issuing this rule pursuant to its authority under
title X of the Dodd-Frank Act, 12 U.S.C. 5481 et seq., and the Privacy
Act of 1974, 5 U.S.C. 552a.
IV. Section-by-Section Analysis of the Proposed Rule
Part 1070--Disclosure of Records and Information
Subpart E--The Privacy Act
Section 1070.50 Purpose and Scope; Definitions
Subparagraph 1070.50(b)(1) defines the term ``Chief Privacy
Officer,'' whose authorities and responsibilities are established in
subpart E. The Bureau revises the definition to mean ``the Senior
Agency Official for Privacy of the CFPB or any CFPB employee to whom
the Senior Agency Official for Privacy has delegated authority to act
under this part.''
The Bureau originally defined the term to mean ``the Chief
Information Officer of the CFPB'' or their delegee in order to reflect
the agency's earlier organizational structure, in which the Bureau's
Chief Information Officer oversaw its Privacy Program. The
[[Page 48901]]
Bureau has since reorganized its Operations Division and located its
Privacy Program under the oversight of its Chief Data Officer. The
Chief Data Officer has been designated the Bureau's Senior Agency
Official for Privacy in accordance with Office of Management and
Budget, M-16-24, ``Role and Designation of Senior Agency Officials for
Privacy'' (Sept. 15, 2016).
The Bureau revises the definition to reflect its reorganization and
align the privacy-related authorities and responsibilities assigned to
the Chief Privacy Officer in subpart E with the authorities and
responsibilities of its Senior Agency Official for Privacy. The Bureau
defines the term to mean ``Senior Agency Official for Privacy'' instead
of ``Chief Data Officer'' (currently the same Bureau official) to
ensure that subpart E remains aligned with the Bureau Privacy Program's
structure in the event of any future reorganizations or re-designations
of the Senior Agency Official for Privacy.
Section 1070.53 Request for Access to Records
Section 1070.53(c) Verification of Identity
Section 1070.53(c) requires that members of the public provide
proof of their identity in order to obtain access to Bureau records
pursuant to the Privacy Act. Paragraph 1070.53(c)(1), in turn, provides
three methods that will be considered adequate proof of a requester's
identity. The Bureau adds an additional method of identity
verification, permitting verification via successful completion of a
third-party's identity verification process, designated by the Bureau,
where that process meets the requirements of Identity Assurance Level 2
(IAL2) as described by the National Institute of Standards and
Technology.
The Bureau makes this revision in order to facilitate electronic or
remote identity proofing and authentication in accordance with the
CASES Act of 2019, Public Law 116-50, 133 Stat. 1073 (2019), and the
Office of Management and Budget's implementing guidance, M-21-04,
``Modernizing Access to and Consent for Disclosure of Records Subject
to the Privacy Act'' (Nov. 12, 2020). The Bureau intends to use a
third-party identify verification process, available via <a href="http://login.gov">login.gov</a>, to
facilitate electronic identity verification; successful completion of
that process will be sufficient for verifying a requester's identity
pursuant to paragraph 1070.53(c)(1). The Bureau proposes to use generic
language in the regulation's description of this process in order to
retain flexibility to use other identity-verification products in the
future as needed. Only a third-party identity verification process that
is designated by the Bureau will be deemed a sufficient method of
identity verification for purposes of paragraph 1070.53(c)(1).
V. Procedural Requirements
No notice of proposed rulemaking is required under the
Administrative Procedure Act (APA) because this rule relates solely to
agency procedure and practice. 5 U.S.C. 553(b). Because no notice of
proposed rulemaking is required, the Regulatory Flexibility Act does
not require an initial or final regulatory flexibility analysis. 5
U.S.C. 603, 604.
Finally, the Bureau has determined that this rule does not impose
any new recordkeeping, reporting, or third-party disclosure
requirements on members of the public that would be collections of
information requiring approval under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq.
VI. Signing Authority
The Acting Director of the Bureau, David Uejio, having reviewed and
approved this document, is delegating the authority to electronically
sign this document to Laura Galban, a Bureau Federal Register Liaison,
for purposes of publication in the Federal Register.
List of Subjects in 12 CFR Part 1070
Confidential business information; Consumer protection; Freedom of
information; Privacy.
Authority and Issuance
For the reasons set forth in the preamble, the Bureau amends 12 CFR
part 1070 to read as follows:
PART 1070--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation continues to read as follows:
Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a;
18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35;
12 U.S.C. 3401 et seq.
Subpart E--Privacy Act
0
2. Revise Sec. 1070.50(b)(1) to read as follows:
Sec. 1070.50 Purpose and scope; definitions.
* * * * *
(b) * * *
(1) The term Chief Privacy Officer means the Senior Agency Official
for Privacy of the CFPB or any CFPB employee to whom the Senior Agency
Official for Privacy has delegated authority to act under this part;
* * * * *
0
3. Revise Sec. 1070.53(c) to read as follows:
Sec. 1070.53 Request for access to records.
* * * * *
(c) Verification of identity. To obtain access to the CFPB's
records pertaining to a requester, the requester shall provide proof to
the CFPB of the requester's identity as provided in paragraphs (c)(1)
and (2) of this section.
(1) In general, the following will be considered adequate proof of
a requester's identity:
(i) A photocopy of two forms of identification, including one form
of identification that bears the requester's photograph, and one form
of identification that bears the requester's signature;
(ii) A photocopy of a single form of identification that bears both
the requester's photograph and signature;
(iii) A statement swearing or affirming the requester's identity
and to the fact that the requester understands the penalties provided
in 5 U.S.C. 552a(i)(3); or
(iv) Successful completion of a third-party's identity verification
process, designated by the Bureau, where that process meets the
requirements of Identity Assurance Level 2 (IAL2) as described by the
National Institute of Standards and Technology.
(2) Notwithstanding paragraph (c)(1) of this section, a designated
official may require additional proof of the requester's identity
before action will be taken on any request, if such official determines
that it is necessary to protect against unauthorized disclosure of
information in a particular case. In addition, if a requester seeks
records pertaining to an individual in the requester's capacity as that
individual's guardian, the requester shall be required to provide
adequate proof of the requester's legal relationship before action will
be taken on any request.
* * * * *
Dated: August 25, 2021.
Laura Galban,
Federal Register Liaison, Bureau of Consumer Financial Protection.
[FR Doc. 2021-18589 Filed 8-31-21; 8:45 am]
BILLING CODE 4810-AM-P
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