Privacy Act of 1974; System of Records
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Issuing agencies
Abstract
In accordance with the Privacy Act of 1974, as amended, the Federal Deposit Insurance Corporation (FDIC) is modifying an existing system of records titled FDIC-005, "Consumer Complaint and Inquiry Records." This system of records supports the FDIC's regulatory and supervisory functions. It permits the FDIC to receive, investigate, and respond to complaints and inquiries from individuals concerning the activities or practices of the FDIC; FDIC-insured depository institutions; and persons/entities engaged in misuses of the FDIC's name or logo or misrepresentations about deposit insurance. The system helps the FDIC and other FDIC stakeholders to scope examinations and take appropriate supervisory actions. The FDIC is updating this system of records to rename it as FDIC-005, "Consumer Complaint and Public Inquiry Records," to modify several sections of this notice, and to seek public comment on four proposed routine uses. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice and improve consistency across FDIC system of records notices.
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Notices]
[Pages 16710-16713]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06428]
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FEDERAL DEPOSIT INSURANCE CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Federal Deposit Insurance Corporation (FDIC) is modifying an existing
system of records titled FDIC-005, ``Consumer Complaint and Inquiry
Records.'' This system of records supports the FDIC's regulatory and
supervisory functions. It permits the FDIC to receive, investigate, and
respond to complaints and inquiries from individuals concerning the
activities or practices of the FDIC; FDIC-insured depository
institutions; and persons/entities engaged in misuses of the FDIC's
name or logo or misrepresentations about deposit insurance. The system
helps the FDIC and other FDIC stakeholders to scope examinations and
take appropriate supervisory actions. The FDIC is updating this system
of records to rename it as FDIC-005, ``Consumer Complaint and Public
Inquiry Records,'' to modify several sections of this notice, and to
seek public comment on four proposed routine uses. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice and improve consistency across
FDIC system of records notices.
DATES: This action will become effective on April 2, 2026. The routine
uses in this action will become effective May 4, 2026, unless the FDIC
makes changes based on comments received. Written comments should be
submitted on or before May 4, 2026.
ADDRESSES: Interested parties are invited to submit written comments
identified by Privacy Act Systems of Records (FDIC-005) 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#7e1d1113131b100a0d3e181a171d50191108"><span class="__cf_email__" data-cfemail="6e0d0103030b001a1d2e080a070d40090118">[email protected]</span></a>. Include ``Comments-SORN (FDIC-
005)'' in the subject line of communication.
<bullet> Mail: Jennifer M. Jones, Deputy Executive Secretary,
Attention: Comments SORN (FDIC-005), Legal Division, Office of the
Executive Secretary, Federal Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
<bullet> Hand Delivery/Courier: Comments may be hand-delivered to
the guard station at the rear of the 550 17th Street NW building
(located on F Street NW) on business days between 7:00 a.m. and 5:00
p.m.
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
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 (FOIA).
FOR FURTHER INFORMATION CONTACT: Shannon Dahn, Assistant Director,
Privacy, 703-516-5500, <a href="/cdn-cgi/l/email-protection#304042594651534970565459531e575f46"><span class="__cf_email__" data-cfemail="9eeeecf7e8fffde7def8faf7fdb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974, 5
U.S.C. 552a, FDIC is modifying an existing system of records, FDIC-005,
``Consumer Complaint and Inquiry Records'' to rename it FDIC-005,
``Consumer Complaint and Public Inquiry Records.'' In this notice, the
FDIC proposes to update various sections of the system of records
notice (SORN) that include, among other things, FDIC's intake of
complaints and inquiries by individuals concerning the activities or
practices of the FDIC, FDIC-insured depository institutions, and
persons/entities engaged in misuses of the FDIC's name or logo or
misrepresentations about deposit insurance. The System Title is being
updated to better reflect the types of records covered. The System
Location section is updated to reflect that the records may be
maintained at various FDIC locations including authorized cloud
environments. The System Manager section is being modified to add
additional system managers. The Authority for Maintenance of the System
section is expanded to include appropriate authorities for the
collection. The Purpose(s) of the System section is expanded to include
intake of complaints and inquiries about the activities or practices of
the FDIC and persons/entities engaged in misuses of FDIC's name or logo
or misrepresentations about deposit insurance. The Categories of
Individuals section is being expanded to include specific individuals
like appraisers; individuals who have been referred from another
agency; or individuals who need to be referred to another agency.
The Routine Uses section is being renumbered and modified to list
FDIC's standard routine uses (routine uses 1-10) first and to propose
four new routine uses. Proposed standard Routine Use 8 supports the
disclosure of information from the system of records as may be required
by Federal statute, treaty, or other international agreement. Proposed
standard Routine Use 9 supports the disclosure of information as may be
needed to support the comparison of FDIC's records to another agency's
system of records or to non-Federal records, in coordination with an
Office of Inspector General in conducting an audit, investigation,
inspection, evaluation, or other review. Proposed Routine Use 11 would
merge two previous routine uses to permit the release of information to
FDIC-insured depository institutions and other parties that may have
information useful to the FDIC's review of the complaint or inquiry.
Proposed Routine Use 12 has been modified and proposes to allow for
disclosures to any agency with direct regulatory or supervisory
authority over the FDIC-insured depository institution to obtain
information relevant to the matter or enable that agency to investigate
the matter. Previous Routine Uses 8 (records management inspections)
and 10 (to labor organizations) have been removed from the SORN as they
are not needed.
The FDIC is modifying the Policies and Practices for Storage,
Retention and Disposal sections to provide detail on the storage of
electronic records and to include language on the disposal of records
in accordance with approved FDIC record retention schedules. The FDIC
is also modifying the Administrative, Technical, and Physical
Safeguards section to provide additional detail on the safeguards used
to protect this information. Finally, the FDIC is modifying the
sections containing the Procedures for Notification, Access, and
Contesting Records to improve the clarity of the instructions to the
public and to direct the public to the appropriate FDIC website for
information on how to request
[[Page 16711]]
notification of, access to, or to contest the contents of records in
FDIC-005.
This modified system will be updated in FDIC's inventory of record
systems.
SYSTEM NAME AND NUMBER:
Consumer Complaint and Public Inquiry Records, FDIC-005.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The Federal Deposit Insurance Corporation (FDIC) located at 550
17th Street NW, Washington, DC 20429.
SYSTEM MANAGER(S):
Assistant Director, National Center for Consumer and Depositor
Assistance, Division of Depositor and Consumer Protection, FDIC, 1100
Walnut St., Ste. 2100, Kansas City, MO 64106.
Ombudsman, Office of the Ombudsman, 3501 Fairfax Dr., Arlington, VA
22226.
Program Manager, Data Strategy Section, Division of Insurance and
Research, 3501 Fairfax Dr., Arlington, VA 22226.
Senior Counsel, Consumer Protection & Compliance Unit, Legal
Division, 550 17th St. NW, Washington, DC 20429.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 9 and 18(a)(4) of the Federal Deposit Insurance Act (12
U.S.C. 1819 and 1828(a)(4)); the Federal Financial Institutions Reform,
Recovery, and Enforcement Act (12 U.S.C. 1835 and 3351(i)); Section
202(f) of Title II of the Federal Trade Improvement Act (15 U.S.C.
57a(f)); and Section 309 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4806).
PURPOSE(S) OF THE SYSTEM:
The information in this system supports the FDIC regulatory and
supervisory functions through the intake of complaints or inquiries
concerning (1) the activities or practices of the FDIC, (2) the
activities or practices of FDIC-insured depository institutions, and
(3) misuses of FDIC's name or logo or misrepresentations about deposit
insurance. The information is used to identify concerns, manage
correspondence, and respond to complaints, inquiries, and concerns
expressed by individuals. The system supports the FDIC's receipt and
handling of complaints and inquiries for information or assistance from
bank customers and other consumers, bankers, small business owners,
researchers, appraisers, and other members of the public. The FDIC uses
information in this system of records to identify the nature of the
complaint or inquiry and to track, manage, and respond to complaints
and inquiries. The information in the system of records may also be
used to support the development and operation of current and future
information technology to support the objectives of identifying
patterns of consumer harm at FDIC-insured depository institutions,
which further helps FDIC examination staff and other FDIC stakeholders
to scope examinations and take appropriate supervisory actions.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have submitted a complaint or inquiry; individuals
who have been referred from another agency; or individuals who need to
be referred to another agency.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence and records of other
communications between the FDIC and the individual, such as copies of
supporting documents and contact information including name, email
address, home address, phone number, online identity verification
information, financial account information, and any other information
voluntarily supplied by the individual. The system may also contain
other information gathered by the FDIC as necessary to process the
complaint or inquiry, and the FDIC's response to the individual. The
exact nature of the information may vary depending on the complaint or
inquiry. This system may also contain regulatory and supervisory
communications between the FDIC and the FDIC-insured depository
institution in question and/or intra-agency or inter-agency memoranda
or correspondence relevant to the complaint or inquiry.
Note: This system of records does not cover FDIC investigative or
enforcement records that are related to or created in response to a
complaint or inquiry covered by this system. Such investigative and
enforcement records are covered by a separate FDIC system of records
titled FDIC-002, Financial Institution Investigative and Enforcement
Records.
RECORD SOURCE CATEGORIES:
The individual on whom the record is maintained; FDIC-insured
depository institutions or persons/entities that are the subject of the
complaint or inquiry or have information that may be useful to the FDIC
in responding to the complaint or inquiry; the appropriate Federal or
State agency with regulatory or supervisory authority over the
institution; congressional offices that may be involved in the
complaint or inquiry; and other parties providing information to the
FDIC in an attempt to resolve the complaint or inquiry.
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, tribal, territorial, and
foreign agencies responsible for investigating or prosecuting a
violation of, or for enforcing or implementing a statute, rule,
regulation, or order issued, when the information, either alone or in
conjunction with other 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 or adjudicative body before which the FDIC is
authorized to appear when, (a) the FDIC or any component thereof; or
(b) any employee of the FDIC in his or her official capacity; or (c)
any employee of the FDIC in his or her individual capacity where the
FDIC has agreed to represent the employee; or (d) the United States;
where the FDIC determines that litigation is likely to affect the FDIC
or any of its components, is a party to litigation or has an interest
in such litigation, and the FDIC determines that use of such records is
relevant and necessary to the litigation, provided, however, that in
each case, the FDIC determines that disclosure of the records is a use
of the information contained in the records which is compatible with
the purpose for which the records were collected.
(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; and (c) the disclosure
made to such agencies, entities, and persons is reasonably necessary to
assist in
[[Page 16712]]
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, local, tribal, and territorial
agencies 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 to the extent that the information shared is
relevant and necessary to the requesting agency's decision on the
matter.
(7) To contractors, grantees, experts, consultants, students,
volunteers, and others performing or working on a contract, service,
grant, cooperative agreement, or project for the FDIC or the Office of
Inspector General for use in carrying out their obligations under such
contract, service, grant, agreement, or project.
(8) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
(9) To a Federal, State, local, tribal, or territorial agency for
the purpose of comparing to the agency's system of records or to non-
Federal records, in coordination with an Office of Inspector General in
conducting an audit, investigation, inspection, evaluation, or other
review as authorized by the Inspector General Act of 1978, as amended.
(10) To Federal agencies, and to those Federal employees designated
by the President or Agency Heads pursuant to Executive Order 14243, for
the purposes of identifying and eliminating waste, fraud, and abuse,
including the elimination of bureaucratic duplication and inefficiency
and the enhancement of the Government's ability to detect overpayments
and fraud.
(11) To the FDIC-insured depository institution or other person/
entity that is the subject of the complaint or inquiry and to other
parties that may have information useful to FDIC's review of the
complaint or inquiry in order to obtain information relevant to the
matter.
(12) To the Federal or State agency that has direct regulatory or
supervisory authority over the FDIC-insured depository institution or
other person/entity that is the subject of the complaint or inquiry to
obtain information relevant to the matter or to enable that authority
to investigate the matter.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are stored in compliance with internal FDIC policies.
Records are stored and centrally managed in official FDIC recordkeeping
systems, maintained in usable and retrievable formats for the duration
of the retention period, and conform to accessibility requirements.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by unique identification number which may be
cross-referenced to the name, telephone number, and email address of
complainant or inquirer.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with the applicable records retention schedule, these
records are maintained seven years after close or resolution of the
complaint or inquiry and then deleted/destroyed.
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; multi-factor authentication for remote access and access
to many FDIC systems; strong passwords when multi-factor authentication
is not available; 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 requesting access to records about them in this system
of records should submit their request online through the FDIC FOIA
Service Center at <a href="http://fdic.gov/foia">fdic.gov/foia</a>. Alternatively, individuals can send a
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#cbaeada4a2aa8badafa2a8e5aca4bd"><span class="__cf_email__" data-cfemail="bbdeddd4d2dafbdddfd2d895dcd4cd">[email protected]</span></a>. Individuals
will be required to provide a detailed description of the records they
seek including the time period when the records were created and other
supporting information where possible. Individuals will be required to
provide proof of identity in accordance with FDIC regulations at 12 CFR
part 310.
CONTESTING RECORD PROCEDURES:
Individuals contesting the content of or requesting an amendment to
their records in this system of records should submit their request
online through the FDIC FOIA Service Center at <a href="http://fdic.gov/foia">fdic.gov/foia</a>.
Alternatively, individuals can send a 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#1b7e7d74727a5b7d7f7278357c746d"><span class="__cf_email__" data-cfemail="dabfbcb5b3bb9abcbeb3b9f4bdb5ac">[email protected]</span></a>. The request should contain the individual's
reason for requesting the amendment and a description of the record
(including the name of the appropriate designated system and category
thereof) sufficient to enable the FDIC to identify the particular
record or portion thereof with respect to which amendment is sought.
Requests must specify which information is being contested, the reasons
for contesting it, and the proposed amendment to such information in
accordance with FDIC regulations at 12 CFR part 310. Individuals will
be required to provide proof of identity in accordance with FDIC
regulations at 12 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals seeking to know whether this system contains
information about them should submit their request online through the
FDIC FOIA Service Center at <a href="http://fdic.gov/foia">fdic.gov/foia</a>. Alternatively, individuals
can send a 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#6d080b02040c2d0b09040e430a021b"><span class="__cf_email__" data-cfemail="bbdeddd4d2dafbdddfd2d895dcd4cd">[email protected]</span></a>.
Individuals will be required to provide proof of identity in accordance
with FDIC regulations at 12 CFR part 310.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
76 FR 77626 (December 18, 2011); 78 FR 63320 (October 23, 2013); 80
FR
[[Page 16713]]
66981 (October 30, 2015); 84 FR 35184 (July 22, 2019); 90 FR 51316 (Nov
17, 2025).
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on March 31, 2026.
Jennifer M. Jones,
Deputy Executive Secretary.
[FR Doc. 2026-06428 Filed 4-1-26; 8:45 am]
BILLING CODE 6714-01-P
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