Notice2022-23804
Privacy Act of 1974; System of Records
Primary source
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Published
November 2, 2022
Effective
November 2, 2022
Issuing agencies
Federal Deposit Insurance Corporation
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the FDIC proposes to modify a current FDIC system of records titled, "Unclaimed Deposit Account Records, FDIC-024." FDIC is updating this system of records by adding a new routine use to allow members of the public to locate and understand the status of their accounts. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. We hereby publish this notice for comment on the proposed actions.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66181-66183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23804]
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FEDERAL DEPOSIT INSURANCE CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Notice of modified system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the FDIC proposes to modify a current FDIC system of records
titled, ``Unclaimed Deposit Account Records, FDIC-024.'' FDIC is
updating this system of records by adding a new routine use to allow
members of the public to locate and understand the status of their
accounts. Additionally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice. We
hereby publish this notice for comment on the proposed actions.
DATES: This action will become effective on November 2, 2022. The
routine uses in this action will become effective on December 2, 2022,
unless the FDIC makes changes based on comments received. Written
comments should be submitted on or before the routine uses effective
date of December 2, 2022.
ADDRESSES: Interested parties are invited to submit written comments
identified by Privacy Act Systems of Records by any of the following
methods:
<bullet> Agency Website: <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>. Follow the instructions for
submitting comments on the FDIC website.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#3655595b5b535842457650525f5518515940"><span class="__cf_email__" data-cfemail="385b5755555d564c4b785e5c515b165f574e">[email protected]</span></a>. Include ``Comments-SORN'' in the
subject line of communication.
<bullet> Mail: James P. Sheesley, Assistant Executive Secretary,
Attention: Comments-SORN, Legal Division, Office of the Executive
Secretary, Federal Deposit Insurance Corporation, 550 17th Street NW,
Washington, DC 20429.
<bullet> Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 17th Street NW building (located on F Street
NW), on business days between 7:00 a.m. and 5:00 p.m.
<bullet> Public Inspection: Comments received, including any
personal information provided, may be posted without change to <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>.
Commenters should submit only information that the commenter wishes to
make available publicly. The FDIC may review, redact, or refrain from
posting all or any portion of any comment that it may deem to be
[[Page 66182]]
inappropriate for publication, such as irrelevant or obscene material.
The FDIC may post only a single representative example of identical or
substantially identical comments, and in such cases will generally
identify the number of identical or substantially identical comments
represented by the posted example. All comments that have been
redacted, as well as those that have not been posted, that contain
comments on the merits of this document will be retained in the public
comment file and will be considered as required under all applicable
laws. All comments may be accessible under the Freedom of Information
Act.
FOR FURTHER INFORMATION CONTACT: Shannon Dahn, Chief, Privacy Program,
703-516-5500, <a href="/cdn-cgi/l/email-protection#89f9fbe0ffe8eaf0c9efede0eaa7eee6ff"><span class="__cf_email__" data-cfemail="a7d7d5ced1c6c4dee7c1c3cec489c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Privacy Act, 5 U.S.C. 552a, at
subsection (b)(3), requires each agency to publish, for public notice
and comment, significant changes that the agency intends to make to a
Privacy Act system of records. The ``Unclaimed Deposit Account Records,
FDIC-024'' system of records contains deposit account records,
including signature cards, last known home address, social security
number, name of insured depository institution, relating to unclaimed
insured deposits or insured transferred deposits from closed insured
depository institutions for which the FDIC was appointed receiver after
January 1, 1989. FDIC is updating this system of records to add a new
routine use (12) to allow members of the public access to a limited
portion of the data sufficient to help individuals locate and
understand the status of their accounts previously held by a financial
institution. This notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. This
modified system will be included in the FDIC's inventory of record
systems.
SYSTEM NAME AND NUMBER:
Unclaimed Deposit Account Records, FDIC-024.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at FDIC facilities in Arlington, Virginia
and regional offices. Original and duplicate systems may exist, in
whole or in part, at secure sites and on secure servers maintained by
third-party service providers for the FDIC.
SYSTEM MANAGER(S):
Financial Managers, Division of Resolutions and Receiverships,
FDIC, 550 17th Street NW, Washington, DC 20429, and 600 North Pearl
Street, Suite 700, Dallas, Texas 75201.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 9, 11, and 12 of the Federal Deposit Insurance Act (12
U.S.C. 1819, 1821, and 1822).
PURPOSE(S) OF THE SYSTEM:
The information in this system is used to process inquiries and
claims of individuals with respect to unclaimed insured deposit
accounts of closed insured depository institutions for which the FDIC
was appointed receiver after January 1, 1989, and to assist in
complying with the requirements of the Unclaimed Deposits Amendments
Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals identified as deposit account owners and individuals
claiming to be deposit account holders of unclaimed insured deposits of
a closed insured depository institution for which the FDIC was
appointed receiver after January 1, 1989.
CATEGORIES OF RECORDS IN THE SYSTEM:
Deposit account records, including signature cards; last known home
address; social security number; name of insured depository
institution.
RECORD SOURCE CATEGORIES:
Information originates from deposit records of closed insured
depository institutions and claimants. After 18 months following
institution failure, unclaimed deposit records are transferred to the
FDIC from assuming depository institutions. Custody of these records
are transferred to State's unclaimed property for a period of 10 years.
After 10 years, unclaimed records are returned to FDIC.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the FDIC
as a routine use as follows:
(1) To appropriate Federal, State, local and foreign authorities
responsible for investigating or prosecuting a violation of, or for
enforcing or implementing a statute, rule, regulation, or order issued,
when the information indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule, or order issued pursuant thereto;
(2) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal proceedings, when the FDIC
is a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary;
(3) To a congressional office in response to an inquiry made by the
congressional office at the request of the individual who is the
subject of the record;
(4) To appropriate agencies, entities, and persons when (a) the
FDIC suspects or has confirmed that there has been a breach of the
system of records; (b) the FDIC has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the FDIC (including its information systems, programs, and operations),
the Federal Government, or national security; the FDIC and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the FDIC's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm;
(5) To another Federal agency or Federal entity, when the FDIC
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (a) responding to
a suspected or confirmed breach or (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(6) To appropriate Federal, State, and local authorities in
connection with hiring or retaining an individual, conducting a
background security or suitability investigation, adjudication of
liability, or eligibility for a license, contract, grant, or other
benefit;
(7) To appropriate Federal, State, and local authorities, agencies,
arbitrators, and other parties responsible for processing any personnel
actions or conducting administrative hearings or corrective actions or
grievances or appeals, or if needed in the performance of other
authorized duties;
(8) To appropriate Federal agencies and other public authorities
for use in records management inspections;
(9) To officials of a labor organization when relevant and
necessary to their duties of exclusive representation
[[Page 66183]]
concerning personnel policies, practices, and matters affecting working
conditions;
(10) To contractors, grantees, volunteers, and others performing or
working on a contract, service, grant, cooperative agreement, or
project for the FDIC, the Office of Inspector General, or the Federal
Government for use in carrying out their obligations under such
contract, grant, agreement or project;
(11) To the appropriate State agency accepting custody of unclaimed
insured deposits; and
(12) To allow members of the public access to a limited portion of
the data sufficient to help individuals locate and understand the
status of their accounts previously held by a financial institution.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in electronic media and in paper format within
individual file folders.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Electronic media and paper format are indexed and retrieved by
depository institution name, depositor name, depositor social security
number, or deposit account number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records of unclaimed deposits are maintained ten years after the
termination date of the receivership or as established by the state or
Federal law or court order, if longer. Disposal is by shredding or
other appropriate disposal methods.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are protected from unauthorized access and improper use
through administrative, technical, and physical security measures.
Administrative safeguards include written guidelines on handling
personal information including agency-wide procedures for safeguarding
personally identifiable information. In addition, all FDIC staff are
required to take annual privacy and security training. Technical
security measures within FDIC include restrictions on computer access
to authorized individuals who have a legitimate need to know the
information; required use of strong passwords that are frequently
changed; multi-factor authentication for remote access and access to
many FDIC network components; use of encryption for certain data types
and transfers; firewalls and intrusion detection applications; and
regular review of security procedures and best practices to enhance
security. Physical safeguards include restrictions on building access
to authorized individuals, security guard service, and maintenance of
records in lockable offices and filing cabinets.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records about them in this
system of records must submit their request in writing to the FDIC FOIA
& Privacy Act Group, 550 17th Street NW, Washington, DC 20429, or email
<a href="/cdn-cgi/l/email-protection#761310191f173610121f1558111900"><span class="__cf_email__" data-cfemail="395c5f565058795f5d505a175e564f">[email protected]</span></a>. Requests must include full name, address, and
verification of identity in accordance with FDIC regulations at 12 CFR
part 310.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or request an amendment to their
records in this system of records must submit their request in writing
to the FDIC FOIA & Privacy Act Group, 550 17th Street NW, Washington,
DC 20429, or email <a href="/cdn-cgi/l/email-protection#d2b7b4bdbbb392b4b6bbb1fcb5bda4"><span class="__cf_email__" data-cfemail="781d1e171119381e1c111b561f170e">[email protected]</span></a>. Requests must specify the
information being contested, the reasons for contesting it, and the
proposed amendment to such information in accordance with FDIC
regulations at 12 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals wishing to know whether this system contains
information about them must submit their request in writing to the FDIC
FOIA & Privacy Act Group, 550 17th Street NW, Washington, DC 20429, or
email <a href="/cdn-cgi/l/email-protection#ff9a9990969ebf999b969cd1989089"><span class="__cf_email__" data-cfemail="ceaba8a1a7af8ea8aaa7ade0a9a1b8">[email protected]</span></a>. Requests must include full name, address, and
verification of identity in accordance with FDIC regulations at 12 CFR
part 310.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
84 FR 35184 (July 22, 2019).
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on October 27, 2022.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2022-23804 Filed 11-1-22; 8:45 am]
BILLING CODE 6714-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.