[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Notices]
[Pages 48510-48512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16291]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
[Docket No: CFPB-2020-0025]
Privacy Act of 1974; System of Records
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Notice of a modified Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Bureau of Consumer Financial Protection, hereinto referred to as the
Consumer Financial Protection Bureau (Bureau), gives notice of the
establishment of a revised Privacy Act System of Records. This revised
system will collect information related to alternative dispute
resolution processes; and the revised notice will clarify its
applicability to time and attendance records.
DATES: Comments must be received no later than August 10, 2020. The
modified system of records will be effective August 10, 2020, 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-2020-0025), by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: privacy@cfpb.gov.
Mail/Hand Delivery/Courier: Tannaz Haddadi, Chief Privacy
Officer, Consumer Financial Protection Bureau, 1700 G Street NW,
Washington, DC 20552. Please note that due to circumstances associated
with the COVID-19 pandemic, the Bureau discourages the submission of
comments by mail, hand delivery, or courier.
All submissions must include the agency name and docket number for
this notice. In general, all comments received will be posted without
change to http://www.regulations.gov. In addition, once the Bureau's
headquarters reopens, comments will be available for public inspection
and copying at 1700 G Street NW, Washington, DC 20552, on official
business days between the hours of 10 a.m. and 5 p.m. Eastern Time. At
that time, you can make an appointment to inspect comments by
telephoning (202) 435-9169. 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: Tannaz Haddadi, Chief Privacy Officer,
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC
20552, (202) 435-7058.
SUPPLEMENTARY INFORMATION: The Bureau revises its Privacy Act System of
Records Notice (SORN) ``CFPB.009--Employee Administrative Records
System.'' The Bureau modifies the purpose(s) for which the system is
maintained and the categories of records in the system to state that
information in the system will be used to facilitate alternative
dispute resolution processes. The SORN is also modified to clarify its
applicability to time and attendance records and in adherence to
routine uses specified in OMB M-17-12, ``Preparing for and Responding
to a Breach of Personally Identifiable Information'' (Jan. 2017).\1\
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\1\ Although pursuant to section 1017(a)(4)(E) of the Consumer
Financial Protection Act, Public Law 111-203, the Bureau is not
required to comply with OMB-issued guidance, it voluntarily follows
OMB privacy-related guidance as a best practice and to facilitate
cooperation and collaboration with other agencies.
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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,
pursuant 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.009--Employee Administrative Records System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer Financial Protection Bureau, 1700 G Street NW, Washington,
DC 20552.
SYSTEM MANAGER(S):
Consumer Financial Protection Bureau, Chief Operating Officer, 1700
G Street NW, Washington, DC 20552.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 5492-93, 5511; 31 U.S.C. 3721; 42 U.S.C. 2000e-16; 42
U.S.C. 1981 note.
PURPOSE(S) OF THE SYSTEM:
The purpose of the system is to enable the Bureau to manage and
administer human capital functions, including personnel actions,
payroll, human resources, time and attendance, leave, insurance, tax,
retirement and other employee benefits, employee claims for loss or
damage to personal property, alternative dispute resolution processes,
and to prepare related reports to other Federal agencies. 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:
Current and former Bureau employees, volunteers, detailees,
applicants, and persons who work at the Bureau (collectively
employees), and their named dependents and/or beneficiaries, their
named emergency contacts, and individuals who have been extended offers
of employment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system may contain identifiable information about
individuals including, without limitation: (1) Identification and
contact information, including name, address, email address, phone
number and other contact information; (2) employee emergency contact
information, including name, phone number, relationship to employee or
emergency contact; (3) Social Security number (SSN), employee ID
number, organization code, pay rate, salary, grade, length of service,
and other related pay and leave records including payroll data; (4)
biographic and demographic data, including date of
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birth and marital or domestic partnership status; (5) employment-
related information such as performance reports, training, professional
licenses, certification, and memberships information, alternative
dispute resolution processes, fitness center membership information,
union dues, employee claims for loss or damage to personal property,
and other information related to employment by the Bureau; (6) benefits
data, such as health, life, travel, and disability insurance
information; (7) retirement benefits information and flexible spending
account information; and (8) time and attendance records.
General personnel and administrative records contained in this
system are covered under the government-wide systems of records notice
published by the Office of Personnel Management (OPM/GOVT-1). This
system complements OPM/GOVT-1 and this notice incorporates by reference
but does not repeat all the information contained in OPM/GOVT-1.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records may be disclosed, consistent with the Bureau's
Disclosure of Records and Information Rules, promulgated at 12 CFR 1070
et seq., 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 Federal 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 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 Federal Government and who have a
need to access the information in the performance of their 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 his or her official capacity;
(c) Any employee of the Bureau in his or her 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 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;
(9) 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;
(10) Appropriate agencies, entities, and persons to the extent
necessary to obtain information relevant to current and former Bureau
employees' benefits, compensation, and employment;
(11) 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;
(12) National, State or local income security and retirement
agencies or entities involved in administration of employee retirement
and benefits programs (e.g., State unemployment compensation agencies
and State pension plans) and any of such agencies' contractors or plan
administrators, when necessary to determine employee eligibility to
participate in retirement or employee benefits programs, process
employee participation in those programs, process claims with respect
to individual employee participation in those programs, audit benefits
paid under those programs, or perform any other administrative function
in connection with those programs;
(13) An executor of the estate of a current or former employee, a
government entity probating the will of a current or former employee, a
designated beneficiary of a current or former employee, or any person
who is responsible for the care of a current or former employee, where
the employee has died, has been declared mentally incompetent, or is
under other legal disability, to the extent necessary to assist in
obtaining any employment benefit or working condition for the current
or former employee;
(14) The Internal Revenue Service (IRS) and other governmental
entities that are authorized to tax employees' compensation with wage
and tax information in accordance with a withholding agreement with the
Bureau pursuant to 5 U.S.C. 5516, 5517, and 5520, for the purpose of
furnishing employees with IRS Forms W-2 that report such tax
distributions;
(15) Unions recognized as exclusive bargaining representatives
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111, 7114; and
(16) Carriers, providers and other Federal agencies involved in
administration of employee retirement and benefits programs and such
agencies' contractors or plan administrators, when necessary to
determine employee eligibility to participate in retirement and
benefits programs, process employee participation in those programs,
process
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claims with respect to individual employee participation in those
programs, audit benefits paid under those programs, or perform any
other administrative function in connection with those programs and
Federal agencies that perform payroll and personnel processing and
employee retirement and benefits plan services under interagency
agreements or contracts, including the issuance of paychecks to
employees, the distribution of wages, the administration of deductions
from paychecks for retirement and benefits programs, and the
distribution and receipt of those deductions. These agencies include,
without limitation, the Department of Labor, the Department of Veterans
Affairs, the Social Security Administration, the Federal Retirement
Thrift Investment Board, the Department of Defense, OPM, the Board of
Governors of the Federal Reserve System, the Department of the
Treasury, and the National Finance Center at the U.S. Department of
Agriculture.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records are maintained in paper and electronic media. 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.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by a variety of fields including, without
limitation, the individual's name, SSN, 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 Bureau will manage these Federal records in accordance with the
National Archive and Records Administration (NARA) General Records
Schedules (GRS): GRS 1.1, GRS 1.2, GRS 2.1, GRS 2.2, GRS 2.3, GRS 2.4,
GRS 2.5, GRS 2.7, GRS 5.6, GRS 5.7, and GRS 6.4 depending on the record
type and the corresponding disposition of that record type.
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 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,
Bureau of Consumer Financial Protection, 1700 G Street NW, Washington,
DC 20552. Instructions are also provided on the Bureau website: https://www.consumerfinance.gov/foia-requests/submit-request/.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest the content of 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, Bureau of Consumer Financial Protection, 1700 G Street
NW, Washington, DC 20552. Instructions are also provided on the Bureau
website: https://www.consumerfinance.gov/privacy/amending-and-correcting-records-under-privacy-act/.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
81 FR 27104; 83 FR 23435; 78 FR 67340; 76 FR 71327.
SIGNING AUTHORITY:
The Senior Agency Official for Privacy, Ren Essene, having reviewed
and approved this document, is delegating the authority to
electronically sign this document to Grace Feola, a Bureau Federal
Register Liaison, for purposes of publication in the Federal Register.
Dated: July 23, 2020.
Laura Galban,
Federal Register Liaison, Bureau of Consumer Financial Protection.
[FR Doc. 2020-16291 Filed 8-10-20; 8:45 am]
BILLING CODE 4810-AM-P