Notice2024-20222
Privacy Act of 1974; System of Records
Primary source
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Published
September 9, 2024
Effective
October 9, 2024
Issuing agencies
Consumer Financial Protection Bureau
Abstract
In accordance with the Privacy Act of 1974, the Consumer Financial Protection Bureau (CFPB) proposes to modify, rename, and reissue a current Privacy Act System of Records titled "CFPB.002-- Depository Institution Supervision Database." In the course of its supervisory work, the CFPB collects, uses, and maintains information on covered individuals associated with depository institutions (e.g., banks, savings associations, credit unions) and non-depository institutions (herein collectively referred to as supervised institutions), and their affiliates and service providers subject to the authority of the CFPB. This SORN addresses information collected through the CFPB's supervisory and examination authorities under Federal consumer financial law. The CFPB is updating the name of this system of records and expanding the scope of the categories of individuals and records to account for the incorporation of information collected and maintained under another system of records, "CFPB.003--Non-Depository Supervision Database." Upon publication of this modified System of Records Notice (SORN), the CFPB.003--Non-Depository Supervision Database SORN will be rescinded.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73077-73080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20222]
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CONSUMER FINANCIAL PROTECTION BUREAU
[Docket No: CFPB-2024-0042]
Privacy Act of 1974; System of Records
AGENCY: Consumer Financial Protection Bureau.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Consumer
Financial Protection Bureau (CFPB) proposes to modify, rename, and
reissue a current Privacy Act System of Records titled ``CFPB.002--
Depository Institution Supervision Database.'' In the course of its
supervisory work, the CFPB collects, uses, and maintains information on
covered individuals associated with depository institutions (e.g.,
banks, savings associations, credit unions) and non-depository
institutions (herein collectively referred to as supervised
institutions), and their affiliates and service providers subject to
the authority of the CFPB. This SORN
[[Page 73078]]
addresses information collected through the CFPB's supervisory and
examination authorities under Federal consumer financial law. The CFPB
is updating the name of this system of records and expanding the scope
of the categories of individuals and records to account for the
incorporation of information collected and maintained under another
system of records, ``CFPB.003--Non-Depository Supervision Database.''
Upon publication of this modified System of Records Notice (SORN), the
CFPB.003--Non-Depository Supervision Database SORN will be rescinded.
DATES: Comments must be received no later than October 9, 2024. The new
system of records will be effective October 9, 2024 unless the comments
received result in a contrary determination.
ADDRESSES: You may submit comments, identified by the title and docket
number (see above Docket No. CFPB-2024-0042), by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#0d7d7f647b6c6e744d6e6b7d6f236a627b"><span class="__cf_email__" data-cfemail="a0d0d2c9d6c1c3d9e0c3c6d0c28ec7cfd6">[email protected]</span></a>. Include Docket No. CFPB-2024-0042
in the subject line of the email.
<bullet> Mail/Hand Delivery/Courier: Kathryn Fong, Chief Privacy
Officer, Consumer Financial Protection Bureau, 1700 G Street NW,
Washington, DC 20552. Because paper mail in the Washington, DC area and
at CFPB is subject to delay, commenters are encouraged to submit
comments electronically.
All submissions must include the agency name and docket number for
this notice. In general, all comments received will be posted without
change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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. Sensitive
personal information, such as account numbers or Social Security
numbers, should not be included.
FOR FURTHER INFORMATION CONTACT: Kathryn Fong, Chief Privacy Officer,
(202) 435-7058. If you require this document in an alternative
electronic format, please contact <a href="/cdn-cgi/l/email-protection#a7e4e1f7e5f8e6c4c4c2d4d4cec5cecbced3dee7c4c1d7c589c0c8d1"><span class="__cf_email__" data-cfemail="f5b6b3a5b7aab496969086869c979c999c818cb596938597db929a83">[email protected]</span></a>. Please
do not submit comments to this email box.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5. U.S.C. 552a, the CFPB is modifying, renaming, and reissuing a CFPB
system of records titled, ``CFPB.002--Depository Institution
Supervision Database,'' to ``CFPB.002--Supervision and Examination
Records.'' The CFPB update to CFPB.002--Depository Institution
Supervision Database, now CFPB.002--Supervision and Examination
Records, includes several changes.
First, the system of records is being renamed to account for the
incorporation of information collected and maintained under another
system of records titled, ``CFPB.003--Non-Depository Supervision
Database,'' and better align with the purpose(s) of the system(s).
``CFPB.003--Non-Depository Supervision Database'' will be rescinded
under separate notice.
Second, the legal authorities for this system of records has been
updated to clarify that it covers the CFPB's supervisory work pursuant
to Federal consumer financial law.
Third, the categories of individuals and categories of records has
been expanded to account for the information collected on covered
individuals associated with non-depository institutions and their
affiliates and services providers subject to the authority of the CFPB.
Fourth, this update seeks to clarify the types of individuals whose
information is contained in this system of records and sources of
records contained in the system of records. Some items in these
sections have been reorganized and edited to more clearly identify the
individuals whose records may be present in this system of records,
including contact information for Federal, State, local and other
government regulators associated with an action or matter.
Finally, the CFPB will be making non-substantive revisions to this
SORN to align with the Office of Management and Budget's recommended
model in Circular A-108, appendix II. The report of the revised 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 (OMB), in accordance with to OMB
Circular A-108, ``Federal Agency Responsibilities for Review,
Reporting, and Publication under the Privacy Act'' (Dec. 2016), and the
Privacy Act of 1974, 5 U.S.C. 552a(r).
SYSTEM NAME AND NUMBER:
CFPB.002--Supervision and Examination Records.
SECURITY CLASSIFICATION:
This information system does not contain any classified information
or data.
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1700 G Street NW, Washington,
DC 20552.
SYSTEM MANAGER(S):
Program Director, Systems and Registrations, Office of Supervision,
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington,
DC 20552; (202) 435-9633.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 111-203, title X, sections 1011, 1012, 1021, 1024, 1025,
1026, and 1061, codified at 12 U.S.C. 5491, 5492, 5511, 5514, 5515,
5516, and 5581.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to enable the CFPB to
carry out its responsibilities with respect to supervised entities to
ensure compliance with Federal consumer protection laws and identify
unfair, deceptive, or abusive acts and practices in connection with
consumer financial products and services. The CFPB's use of records
covered by this system of records are for the following purposes: (1)
To conduct and coordinate examinations and reports, supervisory
evaluations and analyses, and enforcement actions (including both CFPB
activities and collaborations with other financial regulatory
agencies); (2) To track and store examination and inspection documents
created during the performance of CFPB's statutory duties; and (3) For
administrative purposes to ensure quality control, performance, and
improving management processes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The CFPB collects and maintains information on the following
categories of individuals: (1) Individuals who are current or former
directors, officers, employees, agents, shareholders, and independent
contractors of covered persons or service providers subject to the
supervision of the CFPB; (2) Customers, prospective customers, or
similar individuals who have been contacted by covered persons or
service providers or are the subject of a consumer financial product or
service; (3) Federal, State, local and other government regulators
involved in an action or matter; and (4) CFPB staff assigned to monitor
supervised institutions.
[[Page 73079]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in the system may include: (1) Information
regarding customers, prospective customers, or similar individuals who
have been contacted by covered persons or service providers or are the
subject of a consumer financial product or service, including but not
limited to full name, date of birth (DOB); contact information (e.g.,
address, phone number, email address), and account information (e.g.,
account numbers, information collected regarding consumer products and
services) and demographic information (e.g., gender) associated with an
individual; (2) Contact information for officials of institutions
including, without limitation, name, address, phone number, and email
address; (3) Contact information for staff of Federal, State, local and
other government regulators, including, without limitation, name,
address, phone number, and email address; (4) Information about CFPB
employees assigned to supervision tasks, including, without limitation,
name, address, phone number, and email address, and other employment
information; and (5) Confidential Supervision Information or Personal
Information, including information relating to individuals that is
derived from Confidential Supervisory Information or from consumer
complaints.
RECORD SOURCE CATEGORIES:
Information maintained in records is obtained directly from
individuals; from Federal, State, local and other regulatory
authorities, including State regulatory associations acting on behalf
of State regulators, from entities subject to the CFPB's authority, and
from CFPB staff.
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, and consistent with the CFPB's Disclosure
of Records and Information Rules, promulgated at 12 CFR part 1070, all
or a portion of the records or information contained in this system may
be disclosed outside of the CFPB as a routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
(1) To appropriate agencies, entities, and persons when (a) the
CFPB suspects or has confirmed that there has been a breach of the
system of records; (b) the CFPB has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the CFPB (including its information systems, programs, and operations),
the Federal Government, or national security; 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 breach or to prevent, minimize, or remedy such
harm.
(2) Another Federal agency or Federal entity, when the CFPB
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.
(3) 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.
(4) 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.
(5) Congressional offices in response to an inquiry made at the
request of the individual to whom the record pertains.
(6) 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.
(7) The 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 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) 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;
(9) To the National Archives and Records Administration (NARA) or
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906;
(10) Any authorized agency or component of the Department of
Treasury, the Department of Justice (DOJ), 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 DOJ or the CFPB 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.
(11) 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.
(12) 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.
(13) 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
[[Page 73080]]
(14) 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 STORAGE OF RECORDS:
Paper and electronic records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by a variety of fields including, but not
limited to, the individual's name, complaint/inquiry case number,
address, account number, transaction number, phone number, date of
birth, or by some combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The CFPB manages and dispositions records identified in this SORN
in accordance with the NARA approved records schedule DAA-0587-2013-
0011 and the corresponding items provided within.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 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.
RECORD ACCESS PROCEDURES:
Individuals seeking notification and access to any record contained
in this system of records may inquire in writing in accordance with
instructions in 12 CFR 1070.50 et seq. Address such requests to: Chief
Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street
NW, Washington, DC 20552. Instructions are also provided on the CFPB
website: <a href="https://www.consumerfinance.gov/foia-requests/submit-request/">https://www.consumerfinance.gov/foia-requests/submit-request/</a>.
CONTESTING RECORD PROCEDURES:
See ``Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Portions of the records in this system are compiled 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).
HISTORY: 7
6 FR 45761 (Aug. 1, 2011); 76 FR 45765 (Aug. 1, 2011); 83 FR 23435
(May 21, 2018); 85 FR 3649 (Jan. 22, 2020); 85 FR 3659 (Jan. 22, 2020).
Kathryn Fong,
Chief Privacy Officer, Bureau of Consumer Financial Protection.
[FR Doc. 2024-20222 Filed 9-6-24; 8:45 am]
BILLING CODE 4810-AM-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.