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Notes

12 C.F.R. §§ 1070.53–1070.59

7 sections in range

§1070.53. Request for access to records.

12 C.F.R. § 1070.53

(a)
Procedures for making a request for access to records. An individual's requests for access to records that pertain to that individual (or to the individual for whom the requester serves as guardian) may be submitted to the CFPB in writing as follows:
(1)
If submitted by mail or delivery service, the request shall be labeled “Privacy Act Request” and shall be addressed to the Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
(2)
If submitted by electronic means, the request shall be labeled “Privacy Act Request” and the request shall be submitted as set forth at the CFPB's website, http://www.consumerfinance.gov.
(b)
Content of a request for access to records. A request for access to records shall include:
(1)
A statement that the request is made pursuant to the Privacy Act;
(2)
The name of the system of records that the requester believes contains the record requested, or a description of the nature of the record sought in detail sufficient to enable CFPB personnel to locate the system of records containing the record with a reasonable amount of effort;
(3)
Whenever possible, a description of the nature of the record sought, the date of the record or the period in which the requester believes that the record was created, and any other information that might assist the CFPB in identifying the record sought (e.g., maiden name, dates of employment, account information, etc.);
(4)
Information necessary to verify the requester's identity pursuant to paragraph (c) of this section; and
(5)
The mailing or email address where the CFPB's response or further correspondence should be sent.
(c)
Verification of identity. To obtain access to the CFPB's records pertaining to a requester, the requester shall provide proof to the CFPB of the requester's identity as provided in paragraphs (c)(1) and (2) of this section.
(1)
In general, the following will be considered adequate proof of a requester's identity:
(i)
A photocopy of two forms of identification, including one form of identification that bears the requester's photograph, and one form of identification that bears the requester's signature;
(ii)
A photocopy of a single form of identification that bears both the requester's photograph and signature;
(iii)
A statement swearing or affirming the requester's identity and to the fact that the requester understands the penalties provided in 5 U.S.C. 552a(i)(3); or
(iv)
Successful completion of a third-party's identity verification process, designated by the Bureau, where that process meets the requirements of Identity Assurance Level 2 (IAL2) as described by the National Institute of Standards and Technology.
(2)
Notwithstanding paragraph (c)(1) of this section, a designated official may require additional proof of the requester's identity before action will be taken on any request, if such official determines that it is necessary to protect against unauthorized disclosure of information in a particular case. In addition, if a requester seeks records pertaining to an individual in the requester's capacity as that individual's guardian, the requester shall be required to provide adequate proof of the requester's legal relationship before action will be taken on any request.
(d)
Request for accounting of previous disclosures. An individual may request an accounting of previous disclosures of records pertaining to that individual in a system of records as provided in 5 U.S.C. 552a(c). Such requests should conform to the procedures and form for requests for access to records set forth in paragraphs (a) and (b) of this section.
Notes, amendments, and revision history

Amendments

[83 FR 46095, Sept. 12, 2018, as amended at 86 FR 48901, Sept. 1, 2021]

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.

Amendments

[83 FR 46095, Sept. 12, 2018, as amended at 86 FR 48901, Sept. 1, 2021]

§1070.54. CFPB procedures for responding to a request for access.

12 C.F.R. § 1070.54

(a)
Acknowledgment and response. The CFPB will provide written acknowledgement of the receipt of a request within twenty (20) business days from the receipt of the request and will, where practicable, respond to each request within that twenty (20) day period. When a full response is not practicable within the twenty (20) day period, the CFPB will respond as promptly as possible.
(b)
Disclosure.
(1)
When the CFPB discloses information in response to a request, the CFPB will make the information available for inspection and copying during regular business hours as provided in § 1070.13, or the CFPB will mail it or email it to the requester, if feasible, upon request.
(2)
The requester may bring with him or her anyone whom the requester chooses to see the requested material. All visitors to the CFPB's buildings must comply with the applicable security procedures.
(c)
Denial of a request. If the CFPB denies a request made pursuant to § 1070.53, it will inform the requester in writing of the reason(s) for denial and the procedures for appealing the denial.
Notes, amendments, and revision history

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.

§1070.55. Special procedures for medical records.

12 C.F.R. § 1070.55

If an individual requests medical or psychological records pursuant to § 1070.53, the CFPB will disclose them directly to the requester unless the CFPB determines that such disclosure could have an adverse effect on the requester. If the CFPB makes that determination, the CFPB shall provide the information to a licensed physician or other appropriate representative that the requester designates, who shall disclose those records to the requester in a manner he or she deems appropriate.
Notes, amendments, and revision history

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.

§1070.56. Request for amendment of records.

12 C.F.R. § 1070.56

(a)
Procedures for making request.
(1)
If an individual wishes to amend a record that pertains to that individual in a system of records, that individual may submit a request in writing to the Chief Privacy Officer, as set forth in § 1070.53(a). The request shall be labeled “Privacy Act Amendment Request.”
(2)
A request for amendment of a record must—
(i)
Identify the name of the system of records that the requester believes contains the record for which the amendment is requested, or a description of the nature of the record in detail sufficient to enable CFPB personnel to locate the system of records containing the record with a reasonable amount of effort;
(ii)
Specify the portion of that record requested to be amended; and
(iii)
Describe the nature and reasons for each requested amendment.
(3)
When making a request for amendment of a record, the CFPB will require a requester to verify his or her identity under the procedures set forth in § 1070.53(c), unless the requester has already done so in a related request for access or amendment.
(b)
Burden of proof. In a request for amendment of a record, the requester bears the burden of proving by a preponderance of the evidence that the record is not accurate, relevant, timely, or complete.
Notes, amendments, and revision history

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.

§1070.57. CFPB review of a request for amendment of records.

12 C.F.R. § 1070.57

(a)
Time limits. The CFPB will acknowledge a request for amendment of records within ten (10) business days after it receives the request. In the acknowledgment, the CFPB may request additional information necessary for a determination on the request for amendment. The CFPB will make a determination on a request to amend a record promptly.
(b)
Contents of response to a request for amendment. When the CFPB responds to a request for amendment, the CFPB will inform the requester in writing whether the request is granted or denied, in whole or in part. If the CFPB grants the request, it will take the necessary steps to amend the record and, when appropriate and possible, notify prior recipients of the record of its action. If the CFPB denies the request, in whole or in part, it will inform the requester in writing:
(1)
Why the request (or portion of the request) was denied;
(2)
That the requester has a right to appeal; and
(3)
How to file an appeal.
Notes, amendments, and revision history

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.

§1070.58. Appeal of adverse determination of request for access or amendment.

12 C.F.R. § 1070.58

(a)
Appeal. A requester may appeal a denial of a request made pursuant to § 1070.53 or § 1070.56 within ten (10) business days after the CFPB notifies the requester that it has denied the request.
(b)
Content of appeal. A requester may submit an appeal in writing as set forth in § 1070.53(a). The appeal shall be addressed to the General Counsel and labeled “Privacy Act Appeal.” The appeal must also:
(1)
Specify the background of the request; and
(2)
Provide reasons why the requester believes the denial is in error.
(c)
Determination. The General Counsel will make a determination as to whether to grant or deny an appeal within thirty (30) business days from the date it is received, unless the General Counsel extends the time for good cause.
(1)
If the General Counsel grants an appeal regarding a request for amendment, he or she will take the necessary steps to amend the record and, when appropriate and possible, notify prior recipients of the record of its action.
(2)
If the General Counsel denies an appeal, he or she will inform the requester of such determination in writing, including the reasons for the denial, and the requester's right to file a statement of disagreement and to have a court review its decision.
(d)
Statement of disagreement.
(1)
If the General Counsel denies an appeal regarding a request for amendment, a requester may file a concise statement of disagreement with the denial. The CFPB will maintain the requester's statement with the record that the requester sought to amend and any disclosure of the record will include a copy of the requester's statement of disagreement.
(2)
When practicable and appropriate, the CFPB will provide a copy of the statement of disagreement to any prior recipients of the record.
Notes, amendments, and revision history

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.

§1070.59. Restrictions on disclosure.

12 C.F.R. § 1070.59

The CFPB will not disclose any record about an individual contained in a system of records to any person or agency without the prior written consent of that individual unless the disclosure is authorized by 5 U.S.C. 552a(b). Disclosures authorized by 5 U.S.C. 552a(b) include disclosures that are compatible with one or more routine uses that are contained within the CFPB's Systems of Records Notices, which are available on the CFPB's website, at http://www.consumerfinance.gov.
Notes, amendments, and revision history

Source

Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted.

Authority

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 U.S.C. 3401 et seq.

Source

Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted.