Daily Rules, Proposed Rules, and Notices of the Federal Government
All submissions must include the agency name and docket number for this notice. In general, all comments received will be posted without change to
The CFPB is re-publishing its System of Records Notice entitled “CFPB.005—Consumer Response System.” The CFPB uses the Consumer Response System (“CRS”) to collect, process, respond to, and refer consumer complaints or inquiries regarding consumer financial products and services.
The CFPB also uses information in CRS to investigate whether allegations set forth in consumer complaints describe potential violations of law and if so, to determine whether and to whom to refer such allegations for possible law enforcement actions. Sensitive information about the CFPB's investigative processes, techniques, and conclusions are recorded in CRS.
Pursuant to subsection (k) of the Privacy Act, 5 U.S.C. 552a(k), the CFPB proposes to amend its Rule on the Disclosure of Documents and Information, 12 CFR part 1070, to exempt this investigative information from public access and certain other provisions of the Privacy Act as well as corresponding provisions of Subpart E of the Rule. The CFPB deems this exemption to be necessary to prevent interference with law enforcement investigations as well as compromise of its investigative processes that could ensue if the CFPB divulged to the public information about particular consumer complaint investigations or investigative techniques and methods.
Where the CFPB does not have reason to expect that its provision of public access to investigatory information in CRS would interfere with pending law enforcement investigations or compromise the CFPB's law enforcement process, then the CFPB may, in its discretion, waive the applicable exemption.
The Regulatory Flexibility Act, 5 U.S.C. 601
Finally, the Bureau has determined that this proposed rule would not impose any new recordkeeping, reporting, or disclosure requirements on covered entities or members of the public that would be collections of information requiring approval under the Paperwork Reduction Act, 44 U.S.C. 3501,
Confidential business information, Consumer protection, Freedom of information, Privacy.
For the reasons set forth in the Preamble, the Bureau proposes to amend 12 CFR part 1070 as follows:
1. The authority citation for part 1070 continues to read as follows:
12 U.S.C. 3401; 12 U.S.C. 5481
2. In § 1070.60, add paragraph (a)(4) to read as follows:
(a) Exempt systems of records: * * *
(4) CFPB.005 Consumer Response System