Privacy Act of 1974; System of Records

Issuing agencies

Abstract

In accordance with the Privacy Act of 1974, as amended, the Consumer Financial Protection Bureau (CFPB or Bureau) proposes to modify a current Privacy Act System of Records Notice (SORN) titled, "CFPB.001--Freedom of Information Act/Privacy Act System." This modification clarifies the purpose of the SORN, the categories of records and individuals, the legal authorities, the system manager, the system location address, and the records retention schedule, and introduces a new routine use to permit the disclosure of records to the National Archives and Records Administration (NARA) or other Federal agencies for records inspection purposes.

Full Text

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<title>Federal Register, Volume 91 Issue 202 (Wednesday, October 21, 2026)</title>
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[Federal Register Volume 91, Number 202 (Wednesday, October 21, 2026)]
[Notices]
[Pages 66551-66554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21511]


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CONSUMER FINANCIAL PROTECTION BUREAU

[Docket No: CFPB-2026-0023]


Privacy Act of 1974; System of Records

AGENCY: Consumer Financial Protection Bureau.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Consumer Financial Protection Bureau (CFPB or Bureau) proposes to 
modify a current Privacy Act System of Records Notice (SORN) titled, 
``CFPB.001--Freedom of Information Act/Privacy Act System.'' This 
modification clarifies the purpose of the SORN, the categories of 
records and individuals, the legal authorities, the system manager, the 
system location address, and the records retention schedule, and 
introduces a new routine use to permit the disclosure of records to the 
National Archives and Records Administration (NARA) or other Federal 
agencies for records inspection purposes.

DATES: Comments must be received no later than November 20, 2026. The 
new system of records will be effective November 20, 2026 unless the 
comments received result in a contrary determination.

ADDRESSES: You may submit comments, identified by the title and docket 
number (see above), by any of the following methods:
    <bullet> Electronic: <a href="http://www.regulations.gov">http://www.regulations.gov</a>: Follow the 
instructions for soliciting comments. A brief summary of this document 
will be available at <a href="https://www.regulations.gov/docket/CFPB-2026-0023">https://www.regulations.gov/docket/CFPB-2026-0023</a>.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#2b5b59425d4a48526b484d5b49054c445d"><span class="__cf_email__" data-cfemail="b9c9cbd0cfd8dac0f9dadfc9db97ded6cf">[email&#160;protected]</span></a>. Include Docket No. CFPB-2026-0023 
in the subject line of the email.
    <bullet> Mail/Hand Delivery/Courier: Kathryn Fong, Chief Privacy 
Officer, Consumer Financial Protection Bureau, 445 12th Street SW, 
Washington, DC 20024; (202) 435-7058. Because paper mail in the 
Washington, DC area and at

[[Page 66552]]

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="http://www.regulations.gov">http://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, 
Consumer Financial Protection Bureau, 445 12th Street SW, Washington, 
DC 20024; (202) 435-7058. If you require this document in an 
alternative electronic format, please contact 
<a href="/cdn-cgi/l/email-protection#e5a6a3b5a7baa486868096968c878c898c919ca586839587cb828a93"><span class="__cf_email__" data-cfemail="f8bbbea8baa7b99b9b9d8b8b919a9194918c81b89b9e889ad69f978e">[email&#160;protected]</span></a>. Please do not submit comments to this 
email box.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974 
(Privacy Act), 5 U.S.C. 552a, the CFPB is modifying a system of records 
titled, ``CFPB.001--Freedom of Information Act/Privacy Act System.'' 
The modified system of records described in this notice includes the 
following changes.
    First, the CFPB is clarifying that the Chief Privacy Officer is the 
system manager for records related to requests for amendment of records 
pursuant to the Privacy Act and the Bureau's Privacy Act implementation 
regulation, 12 CFR 1070.56.
    Second, the authority for maintaining the system is broadened to 
include the Freedom of Information Act, 5 U.S.C. 552; the Privacy Act 
of 1974, 5 U.S.C. 552a; and the Federal Records Act, 44 U.S.C. 3101.
    Third, the system's purpose is updated to specify that records will 
be used to process Privacy Act requests to amend records and related 
subsequent actions, if any.
    Fourth, the categories of individuals is modified to clearly 
include individuals requesting amendment of their records under the 
Privacy Act.
    Fifth, the categories of records is updated to include records 
pertaining to the processing of requests for amendment of records 
pursuant to the Privacy Act, and related initial appeals and statements 
of disagreement, if any.
    Sixth, a new routine use is introduced to enable disclosure to the 
NARA or other Federal agencies conducting records inspections pursuant 
to the Federal Records Act, 44 U.S.C. 2904 and 2906.
    Seventh, the policies and practices for retention and disposal of 
records are updated to reflect the NARA-approved records retention 
schedule.
    Eighth, the system location is updated to include the new CFPB 
address.
    Lastly, the CFPB is also making non-substantive revisions to the 
system of records notice to align with the Office of Management and 
Budget's template in Circular A-108, ``Federal Agency Responsibilities 
for Review, Reporting, and Publication under the Privacy Act,'' 
appendix II (Dec. 2016).
    The report of the revised system of records has been submitted to 
the Committee on Oversight and Government Reform of the U.S. House of 
Representatives, the Committee on Homeland Security & Governmental 
Affairs of the U.S. Senate, and the Office of Management and Budget, 
pursuant to 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). The modified SORN 
titled, ``CFPB.001--Freedom of Information Act/Privacy Act System'' is 
published in its entirety below.
SYSTEM NAME AND NUMBER:
    CFPB.001--Freedom of Information Act/Privacy Act System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Consumer Financial Protection Bureau, 445 12th Street SW, 
Washington, DC 20024.

SYSTEM MANAGER(S):
    Chief FOIA Officer and Chief Privacy Officer, Consumer Financial 
Protection Bureau, 445 12th Street SW, Washington, DC 20024; (855) 444-
3642.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552; 5 U.S.C. 552a; 12 U.S.C. 5492, 5493; 44 U.S.C. 3101.

PURPOSE(S) OF THE SYSTEM:
    The information in the system is collected to enable the CFPB to 
carry out certain specific responsibilities under the Freedom of 
Information Act (FOIA) and Privacy Act of 1974 (Privacy Act). It allows 
CFPB staff to receive, track, and respond to access requests and 
initial administrative appeals under the FOIA as well as access and 
amendment requests and initial appeals under the Privacy Act, including 
statements of disagreement regarding a request for amendment. The 
information is also used to gather data to meet statutory FOIA 
reporting requirements, outlined in 5 U.S.C. 552(e), mandating that all 
Federal agencies compile and submit detailed data to the Attorney 
General regarding their administration of the law and to manage FOIA-
related fees and calculations. The information will also be used for 
administrative purposes to ensure quality control, performance, and 
improving management processes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained on persons requesting access to records 
pursuant to the FOIA; individuals who have submitted a request for 
access to or amendment of records pursuant to the Privacy Act; persons 
or individuals whose information requests are treated as FOIA and/or 
Privacy Act requests; and persons or individuals filing an 
administrative appeal of a denial, in whole or part, of any such 
request. Other individuals covered include Bureau staff assigned to 
process such requests and related actions to ensure compliance with the 
FOIA and/or Privacy Act; individuals submitting on the requester's 
behalf; and personnel of Federal agencies processing consultations and 
referrals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system may contain: (1) correspondence (e.g., agency 
acknowledgment letter, access request) from or with the requester or 
individual submitting on the requester's behalf about the FOIA access 
requests; Privacy Act access or amendment requests; initial FOIA and/or 
Privacy Act appeals; and Privacy Act statements of disagreement; (2) 
documents generated or compiled during the search and processing of the 
access request for records; (3) fee schedules, cost calculations, and 
assessed cost for disclosed FOIA and/or PA records; (4) documents and 
memoranda supporting the decision made in response to the FOIA or PA 
access request, referral, or consultation, and copies of records 
provided or withheld; (5) documents and memoranda supporting the 
decision made in response to the PA amendment requests; (6) documents 
and memoranda supporting the decision made in response to initial 
appeals and related actions; (7) identifying information of Bureau 
staff processing requests and, where a request has been referred to 
another agency with equities in a responsive document, information 
about the individual handling the request on behalf of that agency; (8) 
information identifying the entity that is subject to the requests or 
appeals; (9) for FOIA access requests, the requester's information, 
including name, address,

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phone number, email address, FOIA tracking number, phone number, 
financial payment information, or some combination thereof; (10) for 
Privacy Act access or amendment requests, information verifying the 
identity of the individual who is making the written request or appeal, 
and/or the individual on whose behalf such written requests are made, 
including name, a photocopy of a single or two forms of identification 
that bears the requester's photograph and/or signature (e.g., driver's 
license, or Social Security card and identification with photograph), 
address, phone number, email address, Bureau-generated record number, 
phone number, financial payment information (for Privacy Act access 
requests only), or some combination thereof; (11) records related to 
inquires or communications submitted to other Federal agencies (e.g., 
Department of Justice; National Archives and Records Administration, 
Office of Government Information Services (OGIS)) regarding agency 
reporting and compliance, and all records related to the resolution of 
such inquiries.

RECORD SOURCE CATEGORIES:
    Information in this system covers individuals about whom records 
are maintained; agency staff assigned to help process, consider, and 
respond to the request, including any appeals; entities filing requests 
or appeals on behalf of the requestor; other governmental authorities; 
and entities that are the subjects of the request or appeals.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE 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 the CFPB as a routine use to:
    (1) Appropriate agencies, entities, and persons when (a) the Bureau 
suspects or has confirmed that there has been a breach of the system of 
records; (b) the Bureau has determined that as a result of the 
suspected or confirmed breach there is a risk of harm to individuals, 
the Bureau (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 Bureau's efforts to respond 
to the suspected or confirmed breach or to prevent, minimize, or remedy 
such harm.
    (2) Another Federal agency or entity, when the Bureau 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 Executive 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 Bureau or the Federal Government and who have 
a need to access the information in the performance of their mission, 
including duties or activities.
    (7) The Department of Justice (DOJ) for its use in providing legal 
advice to the Bureau or in representing the Bureau 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 Bureau to be 
relevant and necessary to the advice or proceeding, and such proceeding 
names as a party in interest:
    (a) The Bureau;
    (b) Any employee of the Bureau in their official capacity;
    (c) Any employee of the Bureau in their individual capacity where 
DOJ has agreed to represent the employee; or
    (d) The United States, where the Bureau determines that litigation 
is likely to affect the Bureau or any of its components.
    (8) 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.
    (9) 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.
    (10) 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.
    (11) National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with FOIA, 
and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies.
    (12) National Archives and Records Administration or other Federal 
Government agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, but not 
limited to, the requester's name, the subject matter of request, 
requestor's organization, FOIA or Bureau-generated tracking number, and 
staff member assigned to process the request. Records may also be 
searched by the address, phone number, email address of the requesting 
party, and subject matter of the request, or by some combination 
thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The Bureau will manage these Federal records in accordance with the 
National Archives and Records Administration (NARA) General Records 
Schedule (GRS) 4.2.

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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to electronic records is restricted to authorized personnel 
who have been issued non-transferable 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:
    An individual seeking access to any record pertaining to them 
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, 445 12th Street SW, Washington, DC 20024. Instructions are also 
provided on the Bureau 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:
    None.

HISTORY:
    85 FR 3655; 83 FR 23435; 79 FR 78837; 78 FR 47306; 76 FR 45768.

Kathryn Fong,
Chief Privacy Officer, Consumer Financial Protection Bureau.
[FR Doc. 2026-21511 Filed 10-20-26; 8:45 am]
BILLING CODE 4810-AM-P


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