[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1507-1509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-217]
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DEPARTMENT OF THE TREASURY
Departmental Offices; Privacy Act of 1974, as Amended
AGENCY: Departmental Offices, Treasury.
ACTION: Notice of Proposed Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Departmental Offices, U.S. Department of the Treasury (``Treasury'')
gives notice of the establishment of a Privacy Act System of Records.
DATES: Comments must be received no later than February 9, 2011. The
new system of records will be effective February 9, 2011 unless the
comments received result in a contrary determination.
ADDRESSES: Comments should be sent to Claire Stapleton, Consumer
Financial Protection Bureau Implementation Team, 1801 L Street, NW.,
Washington, DC 20036. Comments will be made available for inspection
upon written request. Treasury will make such comments available for
public inspection and copying in Treasury's Library, Room 1428, Main
Treasury Building, 1500 Pennsylvania Avenue, NW., Washington, DC 20220,
on official business days between the hours of 10 a.m. and 5 p.m.
Eastern Time. You can make an appointment to inspect comments by
telephoning (202) 622-0990. 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.
FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Consumer Financial
Protection Bureau Implementation Team, 1801 L. Street, NW., Washington,
DC 20036, (202) 435-7220.
SUPPLEMENTARY INFORMATION: The Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Act''), Public Law 111-203, Title X,
established the Consumer Financial Protection Bureau (CFPB). Once fully
operational, CFPB will administer, enforce and implement Federal
consumer financial protection laws, and, among other powers, will have
authority to protect consumers from unfair, deceptive, and abusive
practices when obtaining consumer financial products or services. The
Act grants Treasury certain ``interim authority'' to help stand up the
agency. The CFPB implementation team, currently within Treasury, will
maintain the records covered by this notice.
The new systems of records described in this notice, Treasury/
DO.315--CFPB Implementation Team Consumer Inquiry and Complaint
Database, will be used to collect, respond to, and refer consumer
inquiries and complaints concerning consumer financial products and
services. A description of the new system of records follows this
Notice.
The report of a new 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,
pursuant to Appendix I to OMB Circular A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
November 30, 2000, and the Privacy Act, 5 U.S.C. 552a(r).
The system of records entitled, ``Treasury/DO.315--CFPB
Implementation Team Consumer Inquiry and Complaint Database'' is
published in its entirely below.
[[Page 1508]]
Dated: December 27, 2010.
Veronica Marco,
Acting Deputy Assistant Secretary for Privacy, Transparency, and
Records.
TREASURY/DO .315
System Name:
CFPB Implementation Team Consumer Inquiry and Complaint Database.
System Location:
Consumer Financial Protection Bureau Implementation Team, 1801 L
Street, NW., Washington, DC 20036.
Categories of individuals covered by the system:
Individuals covered by this system are individuals who submit
complaints or inquiries to the CFPB Implementation Team (on their own
or others' behalf); individuals on whose behalf complaints or inquiries
are submitted by others (such as attorneys, members of Congress, third
party advocates, and/or other governmental organizations); and
individuals about whom complaints or inquiries have been received by
prudential regulators, the Federal Trade Commission, other Federal
agencies, and State agencies and then shared with the CFPB
Implementation Team. The term ``prudential regulators'' refers to any
Federal banking agency, as that term is defined in section 3 of the
Federal Deposit Insurance Act, and the National Credit Union
Administration. Information collected regarding consumer products and
services is subject to the Privacy Act only to the extent that it
concerns individuals; information pertaining to corporations and other
business entities and organizations is not subject to the Privacy Act.
Categories of records in the system:
Records in the system may contain: (1) Correspondence or other
information received from or made by complainants, consumers, or other
individuals or entities; (2) information from the entity or individual
referring the inquiry or complaint; (3) records created of verbal
communications by or with complainants or other individuals; (4)
information regarding third party advocates or others who submit
complaints or inquiries on another's behalf; (5) information
identifying the entity that is subject to the complaint or inquiry; (6)
communication with or by the entity that is subject to the complaint or
inquiry; (7) unique identifiers, codes, and descriptors categorizing
each complaint or inquiry file; (8) information about how complaints
were responded to or referred; (9) records used to respond to or refer
complaints, including information in the CFPB Implementation Team's
other systems of records; and (10) identifiable information regarding
both the individual who is making the inquiry or complaint, and the
individual on whose behalf such inquiry or complaint is made, including
name, social security number, account numbers, address, phone number,
e-mail address, date of birth.
Authority for maintenance of the system:
Pub. L. 111-203, Title X, Section 1066, codified at 12 U.S.C. 5586.
Purpose(s):
The information in the system is being collected to enable the CFPB
Implementation Team to collect, respond to, and refer complaints or
inquiries regarding consumer financial products or services. The system
serves as a record of the complaint or inquiry, and is used for
collecting complaint or inquiry data; responding to or referring the
complaint or inquiry; aggregating data that will be used to inform
other functions of the CFPB Implementation Team and, as appropriate,
other agencies and/or the public; and preparing reports as required by
law. This system consists of complaints or inquiries received by the
CFPB Implementation Team or other entities and information concerning
responses to or referrals of these complaints or inquiries, as
appropriate.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be disclosed to:
(1) An entity that is the subject of the complaint or inquiry;
(2) A court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations;
(3) A court, magistrate, or administrative tribunal pursuant to an
order of a court of competent jurisdiction, where relevant or
potentially relevant to a proceeding, or in connection with criminal
law proceedings;
(4) Third parties to the extent necessary to obtain information
needed for a response to or referral of a complaint or inquiry;
(5) Appropriate law enforcement agencies or authorities in
connection with the investigation and/or prosecution of alleged civil,
criminal, and administrative violations;
(6) A congressional office in response to an inquiry made at the
request of the individual to whom the record pertains;
(7) The appropriate governmental, Tribal, self-regulatory or
professional organizations if that organization has jurisdiction over
the subject matter of the complaint or inquiry, or over the entity that
is the subject of the complaint or inquiry;
(8) Another Federal 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;
(9) Other Federal and nonfederal governmental supervisory or
regulatory authorities when the subject matter is within such other
agency's jurisdiction;
(10) The U.S. Department of Justice (``DOJ'') for its use in
providing legal advice to the Treasury or in representing the Treasury
in a proceeding before a court, adjudicative body, or other
administrative body before which the Treasury is authorized to appear,
where the use of such information by the DOJ is deemed by the Treasury
to be relevant and necessary to the litigation, and such proceeding
names as a party or interests:
(a) The Treasury or any component thereof;
(b) Any employee of the Treasury in his or her official capacity;
(c) Any employee of the Treasury in his or her individual capacity
where DOJ has agreed to represent the employee; or
(d) The United States, where the Treasury determines that
litigation is likely to affect the Treasury or any of its components.
(11) The National Archives and Records Administration for use in
records management inspections;
(12) A contractor or agent who needs to have access to this system
of records to perform an assigned activity;
(13) Appropriate agencies, entities, and persons when (a) the
Treasury suspects or has confirmed that the security or confidentiality
of information in the system of records has been compromised; (b) the
Treasury has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by the Treasury
or another agency or entity) that rely upon the compromised
information; and (c) the disclosure made to such agencies, entities,
and persons is
[[Page 1509]]
reasonably necessary to assist in connection with the Treasury's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm;
(14) Prudential regulators (including without limitation Federal
banking agencies and the National Credit Union Administration), the
Federal Trade Commission, other Federal agencies, and State agencies,
for the purpose of facilitating the activities described in 12 U.S.C.
5493(b)(3)(D) concerning consumer financial products and services
complaints;
(15) Government agencies and the public, in the form of analytic
and statistical reports, summaries, or extracts in which individual
identities are not revealed, in order to provide information about
trends and patterns derived from information contained in complaint
records; and
(16) Persons determined to be complainants and/or victims, to the
extent the Treasury deems necessary, at its discretion, in order to
provide such persons with information concerning the progress and/or
results of the investigation or case arising from the matters of which
they complained and/or of which they were a victim.
Policies and practices for storing, retrieving, accessing, retaining,
and dispensing of records in the system:
Storage:
Records maintained in this system are stored electronically and in
file folders. Paper copies of individual records are made by the
authorized CFPB Implementation Team staff.
Retrievability:
Records are retrievable by a variety of fields including, but not
limited to, the individual's name, Social Security number, complaint/
inquiry case number, address, account number, transaction number, phone
number, date of birth, or by some combination thereof.
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.
Retention and disposal:
Computer and paper records will be maintained indefinitely until a
records disposition schedule is approved by the National Archives
Records Administration.
System manager(s) and address:
Consumer Financial Protection Bureau Implementation Team, 1801 L
Street, NW., Washington, DC 20036.
Notification procedure:
Individuals seeking notification and access to any record contained
in this system of records, or seeking to contest its content, may
inquire in writing in accordance with instructions appearing at 31 CFR
part 1, subpart C, appendix A. Address such requests to: Director,
Disclosure Services, Department of Treasury, 1500 Pennsylvania Ave.,
NW., Washington, DC 20220.
Record access procedures:
See ``Notification Procedures'' above.
Contesting record procedures:
See ``Notification Procedures'' above.
Record source categories:
Information in this system is obtained from individuals and
entities filing complaints and inquiries, other governmental
authorities, and entities that are the subjects of complaints and
inquiries.
Exemptions claimed for the system:
None.
[FR Doc. 2011-217 Filed 1-7-11; 8:45 am]
BILLING CODE 4810-25-P