12 CFR Part 1070 — Disclosure of Records and Information

PART 1070—DISCLOSURE OF RECORDS AND INFORMATION Authority: 12 U.S.C. 5481 et seq.; et seq. Source: 78 FR 11503, Feb. 15, 2013, unless otherwise noted. Subpart A—General Provisions and Definitions § 1070.1 Authority, purpose, and scope. (a) Authority. et seq.; et seq.; (2) This part establishes mechanisms for carrying out the CFPB's statutory responsibilities under the statutes in paragraph (a)(1) of this section to the extent those responsibilities require the disclosure, production, or withholding of information. In this regard, the CFPB has determined that the CFPB, and its delegates, may disclose information of the CFPB, in accordance with the procedures set forth in this part, whenever it is necessary or appropriate to do so in the exercise of any of the CFPB's authority. The CFPB has determined that all such disclosures, made in accordance with the rules and procedures specified in this part, are authorized by law. (b) Purpose and scope. (1) Subpart A contains general provisions and definitions used in this part. (2) Subpart B implements the Freedom of Information Act, 5 U.S.C. 552. (3) Subpart C sets forth the procedures with respect to subpoenas, orders, or other requests for CFPB information in connection with legal proceedings. (4) Subpart D provides for the protection of confidential information and procedures for sharing confidential information with supervised institutions, government Agencies, and others in certain circumstances. (5) Subpart E implements the Privacy Act of 1974, 5 U.S.C. 552a. [83 FR 46084, Sept. 12, 2018] § 1070.2 General definitions. For purposes of this part: (a) Supervision Director (b) Business day (c) CFPB (d) Chief FOIA Officer (e) Chief Operating Officer (f) Confidential information (g) Confidential consumer complaint information (h) Confidential investigative information (1) Any documentary material, written report, or written answers to questions, tangible thing, or transcript of oral testimony received by the CFPB in any form or format pursuant to a civil investigative demand, as those terms are set forth in 12 U.S.C. 5562, or received by the CFPB voluntarily in lieu of a civil investigative demand; and (2) Any other documents, materials, or records prepared by, on behalf of, received by, or for the use by the CFPB or any other Federal or State agency in the conduct of enforcement activities, and any information derived from such materials. (i) Confidential supervisory information (1) Reports of examination, inspection and visitation, non-public operating, condition, and compliance reports, supervisory letter, or similar document, and any information contained in, derived from, or related to such documents; (2) Any documents, materials, or records, including reports of examination, prepared by, or on behalf of, or for the use of the CFPB or any other Federal, State, or foreign government agency in the exercise of supervisory authority over a financial institution, and any information derived from such documents, materials, or records; (3) Any communications between the CFPB and a supervised financial institution or a Federal, State, or foreign government agency related to the CFPB's supervision of the institution; (4) Any information provided to the CFPB by a financial institution for purposes of detecting and assessing risks to consumers and to markets for consumer financial products or services pursuant to 12 U.S.C. 5414(b)(1)(C), 5515(b)(1)(C), or 5516(b), or to assess whether an institution should be considered a covered person, as that term is defined by 12 U.S.C. 5481, or is subject to the CFPB's supervisory authority; and/or (5) Information that is exempt from disclosure pursuant to 5 U.S.C. 552(b)(8). (j) Director (k) Employee (l) Financial institution (m) General Counsel (n) Person (o) Report of examination (p) State (q) Supervised financial institution [85 FR 75216, Nov. 24, 2020, as amended at 89 FR 94601, Nov. 29, 2024] § 1070.3 Custodian of records; certification; alternative authority. (a) Custodian of records. (b) Certification of record. (c) Alternative authority. [83 FR 46084, Sept. 12, 2018] § 1070.4 Records of the CFPB not to be otherwise disclosed. Except as provided by this part, employees or former employees of the CFPB, or others in possession of a record of the CFPB that the CFPB has not already made public, are prohibited from disclosing such records, without authorization, to any person who is not an employee of the CFPB. [83 FR 46084, Sept. 12, 2018] § 1070.5 Service of summonses and complaints. (a) Only the General Counsel is authorized to receive and accept summonses or complaints sought to be served upon the CFPB or CFPB employees sued in their official capacity. Such documents should be served upon the General Counsel, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552. This authorization for receipt shall in no way affect the requirements of service elsewhere provided in applicable rules and regulations. (b) If, notwithstanding paragraph (a) of this section, any summons or complaint described in that paragraph is delivered to an employee of the CFPB, the employee shall decline to accept the proffered service and may notify the person attempting to make service of the regulations set forth herein. If, notwithstanding this instruction, an employee accepts service of a document described in paragraph (a) of this section, the employee shall immediately notify and deliver a copy of the summons and complaint to the General Counsel. (c) When a CFPB employee is sued in an individual capacity for an act or omission occurring in connection with duties performed on behalf of the CFPB (whether or not the officer or employee is also sued in an official capacity), the employee by law is to be served personally with process. See (d) The CFPB will only accept service of process for an employee sued in his or her official capacity. Documents for which the General Counsel accepts service in official capacity shall be marked “Service Accepted in Official Capacity Only.” Acceptance of service shall not constitute an admission or waiver with respect to jurisdiction, propriety of service, improper venue, or any other defense in law or equity available under applicable laws or rules. [83 FR 46084, Sept. 12, 2018] Subpart B—Freedom of Information Act Source: 83 FR 46084, Sept. 12, 2018, unless otherwise noted. § 1070.10 General. This subpart contains the regulations of the CFPB implementing the Freedom of Information Act (the FOIA), 5 U.S.C. 552, as amended. These regulations set forth procedures for requesting access to records maintained by the CFPB. These regulations should be read together with the FOIA, the 1987 Office of Management and Budget Guidelines for FOIA Fees, the CFPB's Privacy Act regulations set forth in subpart E of this part, and the FOIA web page on the CFPB's website, http://www.consumerfinance.gov, § 1070.11 Information made available; discretionary disclosures. (a) In general. (1) Information required to be published in the Federal Register (2) Information required to be made available for public inspection in an electronic format or, in the alternative, to be published and offered for sale (see § 1070.13); and (3) Information required to be made available to any member of the public upon specific request (see §§ 1070.14 through 1070.22). (b) Discretionary disclosures. (c) Disclosures of records frequently requested. § 1070.12 Publication in the Federal Register (a) Requirement. Federal Register (1) Descriptions of its central and field organization and the established place at which, the persons from whom, and the methods whereby, the public may obtain information, make submissions or requests, or obtain decisions; (2) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (3) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the CFPB; and (5) Each amendment, revision, or repeal of matters referred to in paragraphs (a)(1) through (4) of this section. (b) Exceptions. § 1070.13 Public inspection in an electronic format. (a) In general. http://www.consumerfinance.gov, (1) Final opinions, including concurring and dissenting opinions, and orders made in the adjudication of cases; (2) Those statements of policy and interpretations which have been adopted by the CFPB but are not published in the Federal Register (3) Its administrative staff manuals and instructions to staff that affect a member of the public; (4) Copies of all records made publicly available pursuant to § 1070.11; and (5) A general index of the records referred to in paragraph (a)(4) of this section. (b) Information made available online. http://www.consumerfinance.gov. (c) Record availability at the on-site e-FOIA Library. http://www.consumerfinance.gov, (d) Redaction of identifying details. § 1070.14 Requests for CFPB records. (a) In general. (b) Form of request. (1) If a request is submitted by mail or delivery service, it shall be addressed to the Chief FOIA Officer, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552. The request shall be labeled “Freedom of Information Act Request.” (2) If a request is submitted by electronic means, it shall be submitted as set forth on the CFPB's website, http://www.consumerfinance.gov. (c) Content of request. (2) In order to ensure the CFPB's ability to communicate effectively with the requester, a request should include contact information for the requester, including the name of the requester and, to the extent available, a mailing address, telephone number, and email address at which the CFPB may contact the requester regarding the request; (3) The request should state whether the requester wishes to receive the records in a specific format; (4) A requester should indicate in the request whether the requester is a commercial user, an educational institution, non-commercial scientific institution, representative of the news media, or “other” requester, as those terms are defined in § 1070.22(b), and the basis for claiming that fee category; (5) If a requester seeks a waiver or reduction of fees associated with processing a request, then the request shall include a statement to that effect as is required by § 1070.22(e); and (6) If a requester seeks expedited processing of a request, then the request must include a statement to that effect as is required by § 1070.17. (d) Perfected requests; effect of request deficiencies. (e) Requests by an individual for CFPB records pertaining to that individual. (f) Requests for CFPB records pertaining to another individual. e.g., (g) Assistance from FOIA Public Liaison. http://www.consumerfinance.gov. § 1070.15 Responsibility for responding to requests for CFPB records. (a) In general. (b) Authority to grant or deny requests. (c) Consultations, referrals and coordination. (1) Referral. (ii) Whenever the CFPB refers any part of the responsibility for responding to a request to another agency, it must document the referral, maintaining a copy of the record that it refers, and notify the requester of the referral, informing the requester of the name of the agency to which the record was referred, including that agency's FOIA contact information. (2) Consultation. (3) Coordination. § 1070.16 Timing of responses to requests for CFPB records. (a) In general. (b) Multitrack processing. (2) The CFPB may provide a requester in its complex track with an opportunity to limit the scope of the request to qualify for faster processing within the specified limits of the simple track(s). (c) Time period for responding to requests for records. (1) Make one reasonable demand to the requester for clarifying information about the request and toll the twenty (20) business day time period while it awaits the clarifying information; or (2) Toll the twenty (20) business day time period while it awaits clarification from or addresses any dispute with the requester regarding the assessment of fees. (d) Unusual circumstances. (2) As used in this paragraph (d), “unusual circumstances” means: (i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; (ii) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (iii) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request, or among two or more CFPB offices having substantial subject matter interest therein. § 1070.17 Requests for expedited processing. (a) In general. (b) Form and content of a request for expedited processing. (1) A request for expedited processing shall be made in writing and submitted as part of a request for records in accordance with § 1070.14(b), or at any time during the processing of the request. When a request for records includes a request for expedited processing, the request shall be labeled “Expedited Processing Requested.” (2) A request for expedited processing shall contain a statement that demonstrates a compelling need for the requester to obtain expedited processing of the requested records. A “compelling need” is defined as follows: (i) Failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual. The requester shall fully explain the circumstances warranting such an expected threat so that the CFPB may make a reasoned determination that a delay in obtaining the requested records could pose such a threat; or (ii) With respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal government activity. A requester who is not a full-time member of the news media must establish that the requester is a person whose primary professional activity or occupation is information dissemination, though it need not be the requester's sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the request—one that extends beyond the public's right to know about government activity generally. The existence of numerous articles published on a given subject can be helpful in establishing the requirement that there be an “urgency to inform” the public on the topic. (3) The requester shall certify the written statement that purports to demonstrate a compelling need for expedited processing to be true and correct to the best of the requester's knowledge and belief. The certification must be in the form prescribed by 28 U.S.C. 1746: “I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on [date].” The requester shall mail or submit electronically a copy of such written certification to the Chief FOIA Officer as set forth in § 1070.14(b). The CFPB may waive this certification requirement in appropriate circumstances. (c) Determinations of requests for expedited processing. (d) Effect of granting requests for expedited processing. (e) Appeals of denials of requests for expedited processing. § 1070.18 Responses to requests for CFPB records. (a) Acknowledgements of requests. (1) The applicable request tracking number; (2) The date of receipt of the request, as determined in accordance with § 1070.14(d), as well as the date when the requester may expect a response; (3) A brief statement identifying the subject matter of the request; and (4) A confirmation, with respect to any fees that may apply to the request pursuant to § 1070.22, that the requester has sought a waiver or reduction in such fees, has agreed to pay any and all applicable fees, or has specified an upper limit that the requester is willing to pay in fees to process the request. (b) Initial determination to grant or deny a request. (2) If the request is granted in full or in part, and if the requester requests a copy of the records requested, then a copy of the records shall be mailed or emailed to the requester in the requested format, to the extent the records are readily producible in the requested format. The CFPB shall also send the requester a statement of the applicable fees, either at the time of the determination or shortly thereafter, and inform the requester of the availability of its FOIA Public Liaison to offer assistance. (3) In the case of a request for inspection, the requester shall be notified in writing of the determination, when and where the requested records may be inspected, and of the fees incurred in complying with the request. The CFPB shall then promptly make the records available for inspection at the time and place stated, in a manner that will not interfere with CFPB's operations and will not exclude other persons from making inspections. The requester shall not be permitted to remove the records from the room where inspection is made. If, after making inspection, the requester desires copies of all or a portion of the requested records, copies shall be furnished upon payment of the established fees prescribed by § 1070.22. Fees may be charged for search and review time as stated in § 1070.22. (4) If it is determined that the request for records should be denied in whole or in part, the requester shall be notified by mail or by email. The letter of notification shall: (i) State the exemptions relied upon in denying the request; (ii) If technically feasible, indicate the amount of information deleted and the exemptions under which the deletion is made at the place in the record where such deletion is made (unless providing such indication would harm an interest protected by the exemption relied upon to deny such material); (iii) Set forth the name and title or position of the responsible official; (iv) Advise the requester of the right to seek dispute resolution services from the Bureau's FOIA Public Liaison or the Office of Governmental Information Services; (v) Advise the requester of the right to administrative appeal in accordance with § 1070.21; and (vi) Specify the official or office to which such appeal shall be submitted. (5) If it is determined, after a reasonable search for records, that no responsive records have been found to exist, the requester shall be notified in writing or by email. The notification shall also advise the requester of the right to administratively appeal the CFPB's determination that no responsive records exist ( i.e., (c) Resolution of disputes. (1) FOIA Public Liaison. (2) Dispute resolution. [email protected], (d) Format of records disclosed. (2) The CFPB may charge fees associated with converting records or files into the requested format in accordance with § 1070.22. § 1070.19 Classified information. Whenever a request is made for a record containing information that another agency has classified, or which may be appropriate for classification by another agency under Executive Order 13526 or any other executive order concerning the classification of information, the CFPB shall refer the responsibility for responding to the request to the classifying or originating agency, as appropriate. § 1070.20 Requests for business information provided to the CFPB. (a) In general. (b) Definitions. (1) Business information (2) Submitter (c) Designation of business information. (d) Notice to submitters. (e) When notice is required. (i) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (ii) The CFPB has reason to believe that the information may be protected from disclosure under Exemption 4. (2) The notice requirements of this paragraph (e) shall not apply if: (i) The CFPB determines that the information is exempt under the FOIA; (ii) The information lawfully has been published or otherwise made available to the public; (iii) Disclosure of the information is required by statute (other than the FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600 (3 CFR, 1988 Comp., p. 235); or (iv) The designation made by the submitter under paragraph (e)(1)(i) of this section appears obviously frivolous, except that, in such a case, the CFPB shall, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information. (f) Opportunity to object to disclosure before release. (2) When notice is given to a submitter under this section, the requester shall be advised that such notice has been given to the submitter. The requester shall be further advised that a delay in responding to the request may be considered a denial of access to records and that the requester may proceed with an administrative appeal or seek judicial review, if appropriate. However, the requester will be invited to agree to a voluntary extension of time so that the CFPB may review the submitter's objection to disclose, if any. (g) Notice of intent to disclose. (1) A statement of the reasons for which the submitter's disclosure objections were not sustained; (2) A description of the business information to be disclosed; and (3) A specified disclosure date which is not less than ten (10) business days after the notice of the final decision to release the requested information has been mailed to the submitter. Except as otherwise prohibited by law, a copy of the disclosure notice shall be forwarded to the requester at the same time. (h) Notice to submitter of FOIA lawsuit. (i) Notice to requester of business information. § 1070.21 Administrative appeals. (a) Grounds for administrative appeals. (1) To deny access to records in whole or in part (as provided in § 1070.18(b)); (2) To assign a particular fee category to the requester (as provided in § 1070.22(b)); (3) To deny a request for a reduction or waiver of fees (as provided in § 1070.22(e)); (4) That no records exist that are responsive to the request (as provided in § 1070.18(b)); or (5) To deny a request for expedited processing (as provided in § 1070.17(e)). (b) Time limits for filing administrative appeals. (c) Form and content of administrative appeals. (1) If appeal is submitted by mail or delivery service, it shall be addressed to and submitted to the officer specified in paragraph (e) of this section at the address set forth in § 1070.14(b). The appeal shall be labeled “Freedom of Information Act Appeal.” (2) If an appeal is submitted by electronic means, it shall be addressed to the officer specified in paragraph (e) of this section and submitted as set forth on the CFPB's website, http://www.consumerfinance.gov. (3) The appeal shall set forth contact information for the requester, including, to the extent available, a mailing address, telephone number, or email address at which the CFPB may contact the requester regarding the appeal; and (4) The appeal shall specify the applicable request tracking number, the date of the initial request, and the date of the letter of initial determination, and, where possible, enclose a copy of the initial request and the initial determination being appealed. (d) Processing of administrative appeals. (e) Determinations to grant or deny administrative appeals. (1) If it is decided that the appeal is to be denied (in whole or in part) the requester shall be: (i) Notified in writing of the denial; (ii) Notified of the reasons for the denial, including which of the FOIA exemptions were relied upon; (iii) Notified of the name and title or position of the official responsible for the determination on appeal; (iv) Provided with a statement that judicial review of the denial is available in the United States District Court for the judicial district in which the requester resides or has a principal place of business, the judicial district in which the requested records are located, or the District of Columbia in accordance with 5 U.S.C. 552(a)(4)(B); and (v) Provided with notification that dispute resolution services are available to the requester as a non-exclusive alternative to litigation through the Office of Government Information Services in accordance with 5 U.S.C. 552(h)(3). Dispute resolution is a voluntary process. If the CFPB agrees to participate in the dispute resolution services provided by the Office of Governmental Information Services, it will actively engage as a partner to the process in an attempt to resolve the dispute. (2) If the initial determination is reversed on appeal, the requester shall be so notified and the request shall be processed promptly in accordance with the decision on appeal. (3) If the initial determination is remanded on appeal to the Chief FOIA Officer for further action, the requester shall be so notified and the request shall be processed in accordance with the decision on appeal. The remanded request shall be treated as a new request received by the CFPB as of the date when the General Counsel transmits the remand notification to the requester. The procedures and deadlines set forth in this subpart for processing, deciding, responding to, and filing administrative appeals of new FOIA requests shall apply to the remanded request. (f) Adjudication of administrative appeals of requests in litigation. § 1070.22 Fees for processing requests for CFPB records. (a) In general. (1) The CFPB shall charge a requester fees for the cost of copying or printing records at the rate of $0.10 per page. (2) The CFPB shall charge a requester for all time spent by its employees searching for records that are responsive to a request. The CFPB shall charge the requester fees for search time as follows: (i) The CFPB shall charge for search time at the salary rate(s) (basic pay plus sixteen (16) percent) of the employee(s) who conduct the search. However, the CFPB shall charge search fees at the rate of $9.00 per fifteen (15) minutes of search time whenever only administrative/clerical employees conduct a search and at the rate of $23.00 per fifteen (15) minutes of search time whenever only professional/executive employees conduct a search. Search charges shall also include transportation of employees and records necessary to the search at actual cost. Fees may be charged for search time even if the search does not yield any responsive records, or if records are exempt from disclosure. (ii) The CFPB shall charge the requester for the actual direct costs of conducting an electronic records search, including computer search time, runs, and output. The CFPB shall also charge for time spent by computer operators or programmers (at the rates set forth in paragraph (a)(2)(i) of this section) who conduct or assist in the conduct of an electronic records search. (3) The CFPB shall charge a requester for time spent by its employees examining responsive records to determine whether any portions of such record are exempt from disclosure, pursuant to the FOIA exemptions of 5 U.S.C. 552(b). The CFPB shall also charge a requester for time spent by its employees redacting any such exempt information from a record and preparing a record for release to the requester. The CFPB shall charge a requester for time spent reviewing records at the salary rate(s) ( i.e., (4) Fees for all services provided shall be charged whether or not copies are made available to the requester for inspection. However, no fee shall be charged for monitoring a requester's inspection of records. (5) Other services and materials requested which are not covered by this part nor required by the FOIA are chargeable at the actual cost to the CFPB. This includes, but is not limited to: (i) Certifying that records are true copies; or (ii) Sending records by special methods such as express mail, etc. (b) Categories of requesters. (i) Commercial user (ii) Educational institution Example 1 to paragraph (b)(1)(ii). A request from a professor of geology at a university for records relating to soil erosion, written on letterhead of the Department of Geology, would be presumed to be from an educational institution. Example 2 to paragraph (b)(1)(ii). A request from the same professor of geology seeking drug information from the Food and Drug Administration in furtherance of a murder mystery he is writing would not be presumed to be an institutional request, regardless of whether it was written on institutional stationery. Example 3 to paragraph (b)(1)(ii). A student who makes a request in furtherance of their coursework or other school-sponsored activities and provides a copy of a course syllabus or other reasonable documentation to indicate the research purpose for the request, would qualify as part of this fee category. (iii) Non-commercial scientific institution (iv) Representative of the news media (v) Other requester (2) Within twenty (20) calendar days of its receipt of a request, the CFPB shall make a determination as to the proper fee category to apply to a requester. The CFPB shall inform the requester of the determination in the request acknowledgment letter, or if no such letter is required, in another writing. Where the CFPB has reasonable cause to doubt the use to which a requester will put the records sought, or where that use is not clear from the request itself, the CFPB should seek additional clarification before assigning the request to a specific category. (3) If the CFPB assigns to a requester a fee category, then the requester shall have the right to submit an appeal of the CFPB's determination in accordance with § 1070.21. The CFPB shall communicate this appeal right as part of its written notification to the requester of an adverse fee category determination. The requester shall label its appeal request “Appeal of Fee Category Determination.” (c) Fees applicable to each category of requester. (1) Commercial users shall be charged the full direct costs of searching for, reviewing, and duplicating the records they request. Moreover, when a request is received for disclosure that is primarily in the commercial interest of the requester, the CFPB is not required to consider a request for a waiver or reduction of fees based upon the assertion that disclosure would be in the public interest. The CFPB may recover the cost of searching for and reviewing records even if there is ultimately no disclosure of records or no records are located. (2) Educational and non-commercial scientific institution requesters shall be charged only for the cost of duplicating the records they request, except that the CFPB shall provide the first one hundred (100) pages of duplication free of charge. (3) Representatives of the news media shall be charged only for the cost of duplicating the records they request, except that the CFPB shall provide them with the first one hundred (100) pages of duplication free of charge. (4) Other requesters who do not fit any of the categories described in paragraphs (c)(1) through (3) of this section shall be charged the full direct cost of searching for and duplicating records that are responsive to the request, except that the CFPB shall provide the first one hundred (100) pages of duplication and the first two hours of search time free of charge. The CFPB may recover the cost of searching for records even if there is ultimately no disclosure of records, or no records are located. Requests from persons for records about themselves filed in the CFPB's systems of records shall continue to be treated under the fee provisions of the Privacy Act of 1974, 5 U.S.C. 552a, which permit fees only for duplication, after the first one hundred (100) pages are furnished free of charge. (d) Other circumstances when fees are not charged. (1) If the cost of collecting a fee would be equal to or greater than the total FOIA processing fee, then the CFPB shall not charge a requester any FOIA processing fees. (2) If the total search and review fees are less than $250, then the CFPB shall not charge a requester any search and review fees. (3) If the CFPB has waived or reduced FOIA processing fees in accordance with paragraph (e) of this section, then the CFPB shall not charge the portion of the FOIA processing fees that has been waived or reduced. (4) If the CFPB fails to comply with any time limit under § 1070.15 or § 1070.21, then the CFPB shall not assess search fees or if the requester is a representative of the news media or an educational or noncommercial scientific institution, then the CFPB shall not assess duplication fees, unless: (i) A court has determined that exceptional circumstances, as defined by the FOIA, exist; or (ii) The CFPB has determined that unusual circumstances apply to the processing of the request; and (A) Provided timely written notice to the requester of the unusual circumstances in accordance with § 1070.16(d); (B) Determined that more than 5,000 pages are necessary to respond to the request; and (C) Discussed with the requester via mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request. (5) If the CFPB determines, as a matter of administrative discretion, that waiving or reducing the fees would serve the interest of the United States Government. (e) Waiver or reduction of fees. (i) Requests such waiver or reduction of fees in writing as part of the FOIA request; (ii) Labels the request for waiver or reduction of fees “Fee Waiver or Reduction Requested” on the FOIA request; and (iii) Demonstrates that the fee reduction or waiver request that a waiver or reduction of the fees is in the public interest because: (A) Furnishing the information is likely to contribute significantly to public understanding of the operations or activities of the government; and (B) Furnishing the information is not primarily in the commercial interest of the requester. (2) To determine whether the requester has satisfied the requirements of paragraph (e)(1)(iii)(A) of this section, the CFPB shall consider the following factors: (i) The subject of the requested records must concern identifiable operations or activities of the Federal government, with a connection that is direct and clear, and not remote or attenuated. (ii) The disclosable portions of the requested records must be meaningfully informative about government operations or activities in order to be “likely to contribute” to an increased public understanding of those operations or activities. The disclosure of information that already is in the public domain, in either a duplicative or a substantially similar form, is not as likely to contribute to the public's understanding. (iii) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area and ability and intention to effectively convey information to the public shall be considered. It shall be presumed that a representative of the news media will satisfy this consideration. (iv) The public's understanding of the subject in question, as compared to the level of public understanding existing prior to the disclosure, must be enhanced by the disclosure to a significant extent. (3) To determine whether the requester has satisfied the requirements of paragraph (e)(1)(iii)(B) of this section, the CFPB shall consider the following factors: (i) The CFPB shall consider any commercial interest of the requester (with reference to the definition of “commercial user” in paragraph (b)(1)(i) of this section), or of any person on whose behalf the requester may be acting, that would be furthered by the requested disclosure. Requesters shall be given an opportunity in the administrative process to provide explanatory information regarding this consideration. (ii) A fee waiver or reduction is justified where the public interest standard is satisfied and that public interest is greater in magnitude than that of any identified commercial interest in disclosure. The CFPB ordinarily shall presume that where a news media requester has satisfied the public interest standard, the public interest will be the interest primarily served by disclosure to that requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return shall not be presumed to primarily serve the public interest. (4) Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver shall be granted for those records. (5) If the CFPB denies a request to reduce or waive fees, then the CFPB shall advise the requester, in the denial notification letter, that the requester may incur fees if the CFPB proceeds to process the request. The notification letter shall also advise the requester that the CFPB will not proceed to process the request further unless the requester, in writing, directs the CFPB to do so and either agrees to pay any fees that may apply to processing the request or specifies an upper limit that the requester is willing to pay to process the request. If the CFPB does not receive this written direction and agreement/specification within thirty (30) calendar days of the date of the denial notification letter, then the CFPB shall deem the request to be withdrawn. (6) If the CFPB denies a request to reduce or waive fees, then the requester shall have the right to submit an appeal of the denial determination in accordance with § 1070.21. The CFPB shall communicate this appeal right as part of its written notification to the requester denying the fee reduction or waiver request. The requester should label its appeal request “Appeal for Fee Reduction/Waiver.” (f) Advance notice and prepayment of fees. (i) The fees exceed the limit set by the requester; (ii) The requester did not specify a limit; or (iii) The CFPB has denied a request for a reduction or waiver of fees. (2) The requester must provide an agreement to pay the estimated fees; however, the requester shall also be given an opportunity to reformulate the request in an attempt to reduce fees. (3) If the fees are estimated to exceed $1000, the requester must pre-pay such amount prior to the processing of the request, or provide satisfactory assurance of full payment if the requester has a history of prompt payment of FOIA fees. The requester shall also be given an opportunity to reformulate the request in such a way as to lower the applicable fees. (4) The CFPB reserves the right to request prepayment after a request is processed and before documents are released. (5) If a requester has previously failed to pay a fee within thirty (30) calendar days of the date of the billing, the requester shall be required to pay the full amount owed plus any applicable interest and to make an advance payment of the full amount of the estimated fee before the CFPB begins to process a new request or the pending request. (6) When the CFPB acts under paragraphs (f)(1) through (5) of this section, the statutory time limits of twenty (20) days (excluding Saturdays, Sundays, and legal public holidays) from receipt of initial requests or appeals, plus extensions of these time limits, shall begin only after fees have been paid, a written agreement to pay fees has been provided, or a request has been reformulated. (g) Form of payment. http://www.consumerfinance.gov. (h) Charging interest. (i) Aggregating requests. § 1070.23 Authority and responsibilities of the Chief FOIA Officer. (a) Chief FOIA Officer. (1) Have CFPB-wide responsibility for efficient and appropriate compliance with the FOIA; (2) Monitor implementation of the FOIA throughout the CFPB and keep the Director, the General Counsel, and the Attorney General appropriately informed of the CFPB's performance in implementing the FOIA; (3) Recommend to the Director such adjustments to agency practices, policies, personnel and funding as may be necessary to improve the Chief FOIA Officer's implementation of the FOIA; (4) Review and report to the Attorney General, through the Director, at such times and in such formats as the Attorney General may direct, on the CFPB's performance in implementing the FOIA; (5) Facilitate public understanding of the purposes of the statutory exemptions of the FOIA by including concise descriptions of the exemptions in both the CFPB's handbook and the CFPB's annual report on the FOIA, and by providing an overview, where appropriate, of certain general categories of CFPB records to which those exemptions apply; (6) Designate one or more FOIA Public Liaisons; (7) Offer Training to Bureau staff regarding their responsibilities under the FOIA; (8) Serve as the primary Bureau liaison with the Office of Government Information Services and the Office of Information Policy; and (9) Maintain and update, as necessary and in accordance with the requirements of this subpart, the CFPB's FOIA website, including its e-FOIA Library. (b) FOIA Public Liaisons. Subpart C—Disclosure of CFPB Information in Connection with Legal Proceedings Source: 83 FR 46084, Sept. 12, 2018, unless otherwise noted. § 1070.30 Purpose and scope; definitions. (a) This subpart sets forth the procedures to be followed with respect to subpoenas, court orders, or other requests or demands for any CFPB information, whether contained in the files of the CFPB or acquired by a CFPB employee as part of the performance of that employee's duties or by virtue of employee's official status. (b) This subpart does not apply to requests for official information made pursuant to subparts B, D, and E of this part. (c) This subpart does not apply to requests for information made in the course of adjudicating claims against the CFPB by CFPB employees (present or former) or applicants for CFPB employment for which jurisdiction resides with the U.S. Equal Employment Opportunity Commission, the U.S. Merit Systems Protection Board, the Office of Special Counsel, the Federal Labor Relations Authority, or their successor agencies, or a labor arbitrator operating under a collective bargaining agreement between the CFPB and a labor organization representing CFPB employees. (d) This subpart is intended only to inform the public about CFPB procedures concerning the service of process and responses to subpoenas, summons, or other demands or requests for official information or action and is not intended to and does not create, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by a party against the CFPB or the United States. (e) For purposes of this subpart: (1) Demand (2) Legal proceeding (3) Official Information (4) Request (5) Testimony § 1070.31 Service of subpoenas, court orders, and other demands for CFPB information or action. (a) Except in cases in which the CFPB is represented by legal counsel who have entered an appearance or otherwise given notice of their representation, only the General Counsel is authorized to receive and accept subpoenas or other demands or requests directed to the CFPB or its employees, whether civil or criminal in nature, for: (1) Records of the CFPB; (2) Official information including, but not limited to, testimony, affidavits, declarations, admissions, responses to interrogatories, or informal statements, relating to material contained in the files of the CFPB or which any CFPB employee acquired in the course and scope of the performance of his or her official duties; (3) Garnishment or attachment of compensation of current or former employees; or (4) The performance or non-performance of any official CFPB duty. (b) Documents described in paragraph (a) of this section should be served upon the General Counsel, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552. Service must be effected as provided in applicable rules and regulations governing service in Federal judicial and administrative proceedings. Acceptance of such documents by the General Counsel does not constitute a waiver of any defense that might otherwise exist with respect to service under the Federal Rules of Civil or Criminal Procedure or other applicable laws or regulations. (c) In the event that any demand or request described in paragraph (a) of this section is sought to be delivered to a CFPB employee other than in the manner prescribed in paragraph (b) of this section, such employee shall decline service and direct the server of process to these regulations. If the demand or request is nonetheless delivered to the employee, the employee shall immediately notify, and deliver a copy of that document to, the General Counsel. (d) The CFPB is not an agent for service for, or otherwise authorized to accept on behalf of its employees, any subpoenas, orders, or other demands or requests, which are not related to the employees' official duties. (e) Copies of any subpoenas, orders, or other demands or requests that are directed to former employees of the CFPB in connection with the performance of official CFPB duties shall also be served upon the General Counsel. The CFPB shall not, however, serve as an agent for service for the former employee, nor is the CFPB otherwise authorized to accept service on behalf of its former employees. If the demand involves their official duties as CFPB employees, former employees who receive subpoenas, orders, or similar compulsory process should also notify, and deliver a copy of the document to, the General Counsel. § 1070.32 Testimony and production of documents prohibited unless approved by the General Counsel. (a) Unless authorized by the General Counsel, no employee or former employee of the CFPB shall, in response to a demand or a request provide oral or written testimony by deposition, declaration, affidavit, or otherwise concerning any official information. (b) Unless authorized by the General Counsel, no employee or former employee shall, in response to a demand or request, produce any document or any material acquired as part of the performance of that employee's duties or by virtue of that employee's official status. § 1070.33 Procedure when testimony or production of documents is sought; general. (a) If, as part of a proceeding in which the United States or the CFPB is not a party, official information is sought through a demand for testimony, CFPB records, or other material, the party seeking such information must (except as otherwise required by Federal law or authorized by the General Counsel) set forth in writing: (1) The title and forum of the proceeding, if applicable; (2) A detailed description of the nature and relevance of the official information sought; (3) A showing that other evidence reasonably suited to the requester's needs is not available from any other source; and (4) If testimony is requested, the intended use of the testimony, a general summary of the desired testimony, and a showing that no document could be provided and used in lieu of testimony. (b) To the extent he or she deems necessary or appropriate, the General Counsel may also require from the party seeking such information a plan of all reasonably foreseeable demands, including but not limited to the names of all employees and former employees from whom testimony or discovery will be sought, areas of inquiry, expected duration of proceedings requiring oral testimony, identification of potentially relevant documents, or any other information deemed necessary to make a determination. The purpose of this requirement is to assist the General Counsel in making an informed decision regarding whether testimony, the production of documents, or the provision of other information should be authorized. (c) The General Counsel may consult or negotiate with an attorney for a party, or the party if not represented by an attorney, to refine or limit a request or demand so that compliance is less burdensome. (d) The General Counsel will notify the CFPB employee and such other persons as circumstances may warrant of his or her decision regarding compliance with the request or demand. § 1070.34 Procedure when response to demand is required prior to receiving instructions. (a) If a response to a demand described in § 1070.33 is required before the General Counsel renders a decision, the CFPB will request that the appropriate CFPB attorney or an attorney of the Department of Justice, as appropriate, take steps to stay, postpone, or obtain relief from the demand pending decision. If necessary, the attorney will: (1) Appear with the employee upon whom the demand has been made; (2) Furnish the court or other authority with a copy of the regulations contained in this subpart; (3) Inform the court or other authority that the demand has been, or is being, as the case may be, referred for the prompt consideration of the appropriate CFPB official; and (4) Request the court or authority to stay the demand pending receipt of the requested instructions. (b) In the event that an immediate demand for production or disclosure is made in circumstances which would preclude the proper designation or appearance of an attorney of the CFPB or the Department of Justice on the employee's behalf, the employee, if necessary, shall request from the demanding court or authority a reasonable stay of proceedings for the purpose of obtaining instructions from the General Counsel. § 1070.35 Procedure in the event of an adverse ruling. If a stay of, or other relief from, the effect of a demand made pursuant to §§ 1070.33 and 1070.34 is declined or not obtained, or if the court or other judicial or quasi-judicial authority declines to stay the effect of the demand made pursuant to §§ 1070.33 and 1070.34, or if the court or other authority rules that the demand must be complied with irrespective of the General Counsel's instructions not to produce the material or disclose the information sought, the employee upon whom the demand has been made shall decline to comply with the demand citing this subpart and United States ex rel. Touhy Ragen, § 1070.36 Considerations in determining whether the CFPB will comply with a demand or request. (a) In deciding whether to comply with a demand or request, CFPB officials and attorneys shall consider, among other pertinent considerations: (1) Whether such compliance would be unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand arose; (2) Whether the number of similar requests would have a cumulative effect on the expenditure of CFPB resources; (3) Whether compliance is appropriate under the relevant substantive law concerning privilege or disclosure of information; (4) The public interest; (5) The need to conserve the time of CFPB employees for the conduct of official business; (6) The need to avoid spending time and money of the United States for private purposes; (7) The need to maintain impartiality between private litigants in cases where a substantial government interest is not implicated; (8) Whether compliance would have an adverse effect on performance by the CFPB of its mission and duties; (9) The need to avoid involving the CFPB in controversial issues not related to its mission; (10) Whether compliance would interfere with supervisory examinations, compromise the CFPB's supervisory functions or programs, or undermine public confidence in supervised financial institutions; and (11) Whether compliance would interfere with the CFPB's ability to monitor for risks to consumers in the offering or provision of consumer financial products and services. (b) Among those demands and requests in response to which compliance will not ordinarily be authorized are those with respect to which any of the following factors, inter alia, exist: (1) Compliance would violate a statute or applicable rule of procedure; (2) Compliance would violate a specific regulation or Executive order; (3) Compliance would reveal information properly classified in the interest of national security; (4) Compliance would reveal confidential or privileged commercial or financial information or trade secrets without the owner's consent; (5) Compliance would compromise the integrity of the deliberative processes of the CFPB; (6) Compliance would not be appropriate or necessary under the relevant substantive law governing privilege; (7) Compliance would reveal confidential information; or (8) Compliance would interfere with ongoing investigations or enforcement proceedings, compromise constitutional rights, or reveal the identity of a confidential informant. (c) The CFPB may condition disclosure of official information pursuant to a request or demand on the entry of an appropriate protective order. § 1070.37 Prohibition on providing expert or opinion testimony. (a) Except as provided in this section, and subject to 5 CFR 2635.805, CFPB employees or former employees shall not provide opinion or expert testimony based upon information which they acquired in the scope and performance of their official CFPB duties, except on behalf of the CFPB or the United States or a party represented by the CFPB, or the Department of Justice, as appropriate. (b) Any expert or opinion testimony by a former employee of the CFPB shall be excepted from paragraph (a) of this section where the testimony involves only general expertise gained while employed at the CFPB. (c) Upon a showing by the requester of exceptional need or unique circumstances and that the anticipated testimony will not be adverse to the interests of the United States, the General Counsel may, consistent with 5 CFR 2635.805, exercise his or her discretion to grant special, written authorization for CFPB employees, or former employees, to appear and testify as expert witnesses at no expense to the United States. (d) If, despite the final determination of the General Counsel, a court of competent jurisdiction or other appropriate authority orders the appearance and expert or opinion testimony of a current or former CFPB employee, that person shall immediately inform the General Counsel of such order. If the General Counsel determines that no further legal review of or challenge to the court's order will be made, the CFPB employee, or former employee, shall comply with the order. If so directed by the General Counsel, however, the employee, or former employee, shall decline to testify. Subpart D—Confidential Information Source: 85 FR 75217, Nov. 24, 2020, unless otherwise noted. § 1070.40 Purpose and scope. This subpart does not apply to requests for official information made pursuant to subpart B, C, or E of this part. § 1070.41 Non-disclosure of confidential information. (a) Non-disclosure. (1) Any person who is not an employee, contractor, or consultant of the CFPB; or (2) Any CFPB employee, contractor, or consultant when the disclosure of such confidential information to that employee, contractor, or consultant is not relevant to the performance of the employee's, contractor's, or consultant's assigned duties. (b) Disclosures to contractors and consultants. (c) Disclosure of materials derived from confidential information. (d) Disclosure of confidential information with consent. (e) Nondisclosure of confidential information belonging to other agencies. § 1070.42 Disclosure of confidential supervisory information and confidential investigative information. (a) Discretionary disclosure of confidential supervisory information or confidential investigative information by the CFPB. (b) Further disclosure of confidential supervisory information. (1) Any supervised financial institution lawfully in possession of confidential supervisory information of the CFPB provided directly to it by the CFPB pursuant to paragraph (a) of this section may disclose such information, or portions thereof, to its affiliates and to the following individuals to the extent that the disclosure of such confidential supervisory information is relevant to the performance of such individuals' assigned duties: (i) Its directors, officers, trustees, members, general partners, or employees; and (ii) The directors, officers, trustees, members, general partners, or employees of its affiliates. (2) Any supervised financial institution or affiliate thereof that is lawfully in possession of confidential supervisory information of the CFPB provided directly to it by the CFPB pursuant to paragraph (a) of this section may disclose such information, or portions thereof, to: (i) Its certified public accountant, legal counsel, contractor, consultant, or service provider; (ii) Its insurance provider pursuant to a claim made under an existing policy, provided that the Bureau has not precluded indemnification or reimbursement for the claim; information disclosed pursuant to this paragraph (b)(2)(ii) may be used by the insurance provider solely for purposes of administering such a claim; or (iii) Another person, with the prior written approval of the Supervision Director. (3) Where a supervised financial institution or its affiliate discloses confidential supervisory information of the CFPB pursuant to paragraph (b) of this section: (i) The recipient of such confidential supervisory information shall not, without the prior written approval of the Supervision Director utilize, make, or retain copies of, or disclose confidential supervisory information for any purpose, except as is necessary to provide advice or services to the supervised financial institution or its affiliate; and (ii) The supervised financial institution or its affiliate disclosing the confidential supervisory information shall take reasonable steps to ensure that the recipient complies with paragraph (b)(3)(i) of this section. (4) Nothing in this paragraph (b) authorizes a supervised financial institution or affiliate thereof to further disclose confidential information belonging to another agency. (c) Further disclosure of confidential investigative information. [85 FR 75217, Nov. 24, 2020, as amended at 89 FR 94601, Nov. 29, 2024] § 1070.43 Disclosure of confidential information to agencies. (a) Required disclosure of confidential information to agencies. (1) Disclose a draft of a report of examination of a supervised financial institution prior to its finalization, as provided in 12 U.S.C. 5515(e)(1)(C), and disclose a final report of examination, including any and all revisions made to such a report, as provided in 12 U.S.C. 5512(c)(6)(C)(i), to a Federal or State agency with jurisdiction over that supervised financial institution, provided that the CFPB receives from the agency reasonable assurances as to the confidentiality of the information disclosed; and (2) Disclose confidential consumer complaint information to a Federal or State agency to facilitate preparation of reports to Congress required by 12 U.S.C. 5493(b)(3)(C) and to facilitate the CFPB's supervision and enforcement activities and its monitoring of the market for consumer financial products and services, provided that the agency shall first give written assurance to the CFPB that it will maintain such information in confidence, including in a manner that conforms to the standards that apply to Federal agencies for the protection of the confidentiality of personally identifiable information and for data security and integrity. (b) Discretionary disclosure of confidential information to agencies. (2) To obtain access to confidential information pursuant to paragraph (b)(1) of this section, an authorized officer or employee of the agency shall submit a written request to the Director. The request shall include the following: (i) A description of the particular information, kinds of information, and where possible, the particular documents to which access is sought; (ii) A statement of the purpose for which the information will be used; (iii) A statement certifying and identifying, as required by paragraph (b)(1) of this section, the agency's statutory or regulatory authority that is relevant to the requested information or, with respect to a request for confidential supervisory information, the agency's jurisdiction over a supervised financial institution; (iv) A statement certifying and identifying the agency's legal authority for protecting the requested information from public disclosure; and (v) A certification that the agency will maintain the requested confidential information in confidence, including in a manner that conforms to the standards that apply to Federal agencies for the protection of the confidentiality of personally identifiable information and for data security and integrity, as well as any additional conditions or limitations that the CFPB may impose. (c) Negotiation of standing requests. § 1070.44 Disclosure of confidential consumer complaint information. The CFPB may, to the extent permitted by law, disclose confidential consumer complaint information as it deems necessary to investigate, resolve, or otherwise respond to consumer complaints or inquiries concerning consumer financial products and services or a violation of Federal consumer financial law. § 1070.45 Affirmative disclosure of confidential information. (a) The CFPB may disclose confidential information, in accordance with applicable law, as follows: (1) To a CFPB employee, as that term is defined in § 1070.2 and in accordance with § 1070.41; (2) To either House of the Congress or to an appropriate committee or subcommittee of the Congress, as set forth in 12 U.S.C. 5562(d)(2), provided that, upon the receipt by the CFPB of a request from the Congress for confidential information that a financial institution submitted to the CFPB along with a claim that such information consists of a trade secret or privileged or confidential commercial or financial information, or confidential supervisory information, the CFPB shall notify the financial institution in writing of its receipt of the request and provide the institution with a copy of the request; (3) In investigational hearings and witness interviews, or otherwise in the investigation and administration of enforcement actions, as is reasonably necessary, at the discretion of the CFPB; (4) In an administrative or court proceeding to which the CFPB is a party. In the case of confidential investigative information that contains any trade secret or privileged or confidential commercial or financial information, as claimed by designation by the submitter of such material, or confidential supervisory information, the submitter, or the CFPB, in its discretion, may seek an appropriate order prior to disclosure of such material in a proceeding; (5) In CFPB personnel matters, as necessary and subject to appropriate protections; (6) To agencies in summary form to the extent necessary to confer with such agencies about matters relevant to the exercise of the agencies' statutory or regulatory authority; or (7) As required under any other applicable law. (b) [Reserved] § 1070.46 Other disclosures of confidential information. (a) To the extent permitted by law and as authorized by the Director in writing, the CFPB may disclose confidential information other than as set forth in this subpart. (b) Prior to disclosing confidential information pursuant to paragraph (a) of this section, the CFPB may, as it deems appropriate under the circumstances, provide written notice to the person to whom the confidential information pertains that the CFPB intends to disclose its confidential information in accordance with this section. (c) The authority of the Director to disclose confidential information pursuant to paragraph (a) of this section shall not be delegated. However, a person authorized to perform the functions of the Director in accordance with law may exercise the authority of the Director as set forth in this section. § 1070.47 Other rules regarding the disclosure of confidential information. (a) Further disclosure prohibited. (2) Except as set forth in this subpart, no supervised financial institution, Federal or State agency, any officer, director, employee or agent thereof, or any other person to whom the confidential information is made available under this subpart, may further disclose such confidential information without the prior written permission of the Director. (3) No person obtaining access to confidential information pursuant to this subpart may make a personal copy of any such information, and no person may remove confidential information from the premises of the institution or agency in possession of such information except as permitted under this subpart or by the CFPB. (b) Third party requests for information. (i) Inform the General Counsel of such request or demand in writing and provide the General Counsel with a copy of such request or demand as soon as practicable after receiving it; (ii) To the extent permitted by applicable law, advise the requester that: (A) The confidential information sought may not be disclosed insofar as it is the property of the CFPB; and (B) Any request for the disclosure of such confidential information is properly directed to the CFPB pursuant to its regulations set forth in this subpart; and (iii) Consult with the General Counsel before complying with the request or demand, and to the extent applicable: (A) Give the CFPB a reasonable opportunity to respond to the demand or request; (B) Assert all reasonable and appropriate legal exemptions or privileges that the CFPB may request be asserted on its behalf; and (C) Consent to a motion by the CFPB to intervene in any action for the purpose of asserting and preserving any claims of confidentiality with respect to any confidential information. (2) Nothing in this section shall prevent a supervised financial institution, Federal or State agency, any officer, director, employee or agent thereof, or any other person to whom the information is made available under this subpart from complying with a legally valid and enforceable order of a court of competent jurisdiction compelling production of the CFPB's confidential information, or, if compliance is deemed compulsory, with a request or demand from either House of the Congress or a duly authorized committee of the Congress. To the extent that compulsory disclosure of confidential information occurs as set forth in this paragraph (b)(2), the producing party shall use its best efforts to ensure that the requestor secures an appropriate protective order or, if the requestor is a legislative body, use its best efforts to obtain the commitment or agreement of the legislative body that it will maintain the confidentiality of the confidential information. (c) Additional conditions and limitations. (d) Return or destruction of records. (e) Non-waiver of CFPB rights. (f) Non-waiver of privilege In general. (2) Rule of construction. (g) Reports of unauthorized disclosure. § 1070.48 Disclosure of confidential information by the Inspector General. Nothing in this subpart shall limit the discretion of the Office of the Inspector General of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau to disclose confidential information as needed in accordance with the Inspector General Act of 1978, 5 U.S.C. App. 3. Subpart E—Privacy Act Source: 83 FR 46095, Sept. 12, 2018, unless otherwise noted. § 1070.50 Purpose and scope; definitions. (a) This subpart implements the provisions of the Privacy Act of 1974, 5 U.S.C. 552a (the Privacy Act). The regulations apply to all records maintained by the CFPB and which are retrieved by an individual's name or personal identifier. The regulations set forth the procedures for requests for access to, or amendment of, records concerning individuals that are contained in systems of records maintained by the CFPB. These regulations should be read in conjunction with the Privacy Act, which provides additional information about this topic. (b) For purposes of this subpart, the following definitions apply: (1) The term Chief Privacy Officer (2) The term guardian (3) Individual (4) Maintain (5) Record (6) Routine use (7) System of records (8) Statistical record [83 FR 46095, Sept. 12, 2018, as amended at 86 FR 48901, Sept. 1, 2021] § 1070.51 Authority and responsibilities of the Chief Privacy Officer. The Chief Privacy Officer is authorized to: (a) Develop, implement, and maintain an organization-wide privacy program; (b) Respond to requests for access to, accounting of, or amendment of records contained in a system of records maintained by the CFPB; (c) Approve the publication of new systems of records and amend existing systems of record; and (d) File any necessary reports related to the Privacy Act. § 1070.52 Fees. (a) Copies of records. (b) No fee. (1) Total charges associated with a request are less than $5; or (2) The requester is a CFPB employee or former employee, or an applicant for employment with the CFPB, and the request pertains to that employee, former employee, or applicant. § 1070.53 Request for access to records. (a) Procedures for making a request for access to records. (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. (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., (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. (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. [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. (a) Acknowledgment and response. (b) Disclosure. (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. § 1070.55 Special procedures for medical records. 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. § 1070.56 Request for amendment of records. (a) Procedures for making 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. § 1070.57 CFPB review of a request for amendment of records. (a) Time limits. (b) Contents of response to a request for amendment. (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. § 1070.58 Appeal of adverse determination of request for access or amendment. (a) Appeal. (b) Content of appeal. (1) Specify the background of the request; and (2) Provide reasons why the requester believes the denial is in error. (c) Determination. (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. (2) When practicable and appropriate, the CFPB will provide a copy of the statement of disagreement to any prior recipients of the record. § 1070.59 Restrictions on disclosure. 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. § 1070.60 Exempt records. (a) Exempt systems of records. (1) CFPB.002 Depository Institution Supervision Database. (2) CFPB.003 Non-Depository Institution Supervision Database. (3) CFPB.004 Enforcement Database. (4) CFPB.005 Consumer Response System. (b) Information compiled for civil actions or proceedings. § 1070.61 Training; rules of conduct; penalties for non-compliance. (a) Training. (b) Rules of conduct. (1) The head of each office of the CFPB shall be responsible for assuring that employees subject to such official's supervision are advised of the provisions of the Privacy Act, including the criminal penalties and civil liabilities provided therein, and the regulations in this subpart, and that such employees are made aware of their individual and collective responsibilities to protect the security of personal information, to assure its accuracy, relevance, timeliness and completeness, to avoid unauthorized disclosure either orally or in writing, and to ensure that no system of records is maintained without public notice. (2) Employees of the CFPB involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record shall: (i) Collect no information of a personal nature from individuals unless authorized to collect it to achieve a function or carry out a responsibility of the CFPB; (ii) Collect information, to the extent practicable, directly from the individual to whom it relates; (iii) Inform each individual asked to supply information, on the form used to collect the information or on a separate form that can be retained by the individual of— (A) The authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary; (B) The principal purpose or purposes for which the information is intended to be used; (C) The routine uses which may be made of the information, as published pursuant to 5 U.S.C. 552a(e)(4)(D); and (D) The effects on the individual, if any, of not providing all or any part of the requested information; (iv) Not collect, maintain, use or disseminate information concerning an individual's religious or political beliefs or activities or membership in associations or organizations, unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity; (v) Advise their supervisors of the existence or contemplated development of any record system which is capable of retrieving information about individuals by individual identifier; (vi) Assure that no records maintained in a CFPB system of records are disseminated without the permission of the individual about whom the record pertains, except when authorized by 5 U.S.C. 552a(b); (vii) Maintain and process information concerning individuals with care in order to ensure that no inadvertent disclosure of the information is made either within or without the CFPB; (viii) Prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to 5 U.S.C. 552a(b)(2), make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes; and (ix) Assure that an accounting is kept in the prescribed form, of all dissemination of personal information outside the CFPB, whether made orally or in writing, unless disclosed under 5 U.S.C. 552 or subpart B of this part. (3) The head of each office of the CFPB shall, at least annually, review the record systems subject to their supervision to ensure compliance with the provisions of the Privacy Act of 1974 and the regulations in this subpart. § 1070.62 Preservation of records. The CFPB will preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule 14. Records will not be disposed of or destroyed while they are the subject of a pending request, appeal, proceeding, or lawsuit. § 1070.63 Use and collection of Social Security numbers. The CFPB will ensure that employees authorized to collect information are aware: (a) That individuals may not be denied any right, benefit, or privilege as a result of refusing to provide their Social Security numbers, unless the collection is authorized either by a statute or by a regulation issued prior to 1975; and (b) That individuals requested to provide their Social Security numbers must be informed of: (1) Whether providing Social Security numbers is mandatory or voluntary; (2) Any statutory or regulatory authority that authorizes the collection of Social Security numbers; and (3) The uses that will be made of the numbers.

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