FDIC Federal Register Citations
[Federal Register: August 1, 2005 (Volume 70, Number 146)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Federal Deposit Insurance Corporation (``FDIC'') is altering one system
of records, entitled Consumer Complaint and Inquiry Records (30-64-
0005). We invite public comment on this publication.
DATES: Comments on the alteration of this system of records must be
received by the FDIC on or before August 31, 2005. The alterations that
are the subject of this notice will become effective 45 days following
publication in the Federal Register, unless a superseding notice to the
contrary is published before that date.
ADDRESSES: You may submit written comments by any of the following
Agency Web site: http://www.fdic.gov/regulations/laws/federal/propose.html.
Follow instructions for submitting comments on this Web site.
E-mail: firstname.lastname@example.org. Include ``Consumer Complaint
and Inquiry Records'' in the subject line.
Mail to: Frederick L. Fisch, Supervisory Counsel,
Attention: Comments, FDIC, 550 17th Street, NW., Washington, DC 20429.
Instructions: All submissions should refer to ``Consumer Complaint
and Inquiry Records''. Comments may be posted without change to the
FDIC internet site at http://www.fdic.gov/regulations/laws/federal/propose.html
, including any personal information provided. Comments may also be
and photocopied in the FDIC Public Information
Center, Room 100, 801 17th Street NW., Washington, DC 20429, between 9
a.m. and 4:30 p.m.
FOR FURTHER INFORMATION CONTACT: Fredrick L. Fisch, Supervisory
Counsel, FOIA/Privacy Act Unit, FDIC, 550 17th Street, NW., Washington,
DC, 20429, (202) 736-0526.
SUPPLEMENTARY INFORMATION: The system notice for the Consumer Complaint
and Inquiry Records system is being altered to provide a more detailed
description of the categories of agency records that are maintained in
this system of records. This includes adding a reference to inquiries
concerning deposit insurance coverage for depositors of FDIC-insured
depository institutions. These inquiries comprise at least one-half of
the records in this system. The current system notice is also being
updated to reflect that this system of records is now managed by the
FDIC's Division of Supervision and Consumer Protection (``DSC'') as
successor to the FDIC's Division of Compliance and Consumer Affairs,
which previously managed this system. The FDIC has amended the purpose
clause of this system notice to accurately reflect the large number of
deposit insurance inquiries and to more clearly state the FDIC's
supervisory responsibilities. Finally, the retention
period for records in this system of records is being extended from two
to five years to provide a longer timeframe for DSC to perform trends
analysis on the consumer data that is collected.
Accordingly, the system of records entitled Consumer Complaint and
Inquiry Records (30-64-0005) is altered as follows:
Consumer Complaint and Inquiry Records.
The Division of Supervision and Consumer Protection, FDIC, 550 17th
Street, NW., Washington, DC 20429 and the FDIC regional or area offices
with supervisory authority over FDIC-insured depository institutions
referred to in consumer complaints or inquiries. (See Appendix A for a
list of the FDIC regional offices and their addresses.)
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have made inquiries concerning deposit insurance
coverage or consumers who have submitted complaints or inquiries
concerning the activities or practices of an FDIC-insured depository
CATEGORIES OF RECORDS IN THE SYSTEM:
Contains records of correspondence and other communication between
the FDIC and depositors who make inquiries concerning deposit insurance
coverage or consumers who submit complaints or inquiries relative to
the activities or practices of FDIC-insured depository institutions.
Information contained in this system of records includes the following:
The depositor or consumer's name; the name of the FDIC-insured
depository institution subject to the inquiry or complaint; the case
number assigned to the inquiry or complaint; the subject matter of the
inquiry or complaint; the FDIC office and personnel assigned to review
the inquiry or complaint; the status of the FDIC's investigation into
the inquiry or complaint; and the FDIC's response to the inquiry or
complaint. Supporting records may include, but are not limited to,
documents supplied by the depositor or consumer, correspondence between
the FDIC and the FDIC-insured depository institution subject to the
inquiry or complaint and, when applicable, correspondence between the
FDIC and other federal or state regulatory or law enforcement agencies.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 9 of the Federal Deposit Insurance Act (12 U.S.C. 1819);
Section 202(f) of Title II of the Federal Trade Improvement Act (15
U.S.C. 57a(f)); and Executive Order 12160.
The system of records is used to facilitate the management of
correspondence and other communication from depositors who make
inquiries concerning deposit insurance coverage or consumers with
inquiries or complaints concerning the activities or practices of FDIC-
insured depository institutions. The information in this system
supports the FDIC's statutory authority to insure the deposits of
financial institutions and to supervise the activities or practices of
FDIC-insured state nonmember banks and the insured state branches of
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information in the system may be disclosed:
(1) To the insured depository institution which is the subject of
the inquiry or complaint when necessary to investigate or resolve the
inquiry or complaint;
(2) To authorized third-party sources during the course of the
investigation in order to resolve the inquiry or complaint. Information
that may be disclosed under this routine use is limited to the name of
the inquirer or complainant and the nature of the inquiry or complaint
and such additional information necessary to investigate the inquiry or
(3) To the Federal or State supervisory/regulatory authority that
has direct supervision over the insured depository institution that is
the subject of the inquiry or complaint;
(4) To the appropriate Federal, State, or local agency or authority
responsible for investigating or prosecuting a violation of, or for
enforcing or implementing a statute, rule, regulation, or order issued,
when the information indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule, or order issued pursuant thereto;
(5) To a court, magistrate, or administrative tribunal in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal proceedings, when the FDIC
is a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary;
(6) To a congressional office in response to an inquiry made by the
congressional office at the request of the individual to whom the
record pertains; and
(7) To a consultant, person or entity who contracts or subcontracts
with the FDIC, to the extent necessary for the performance of the
contract or subcontract. The recipient of the records shall be required
to comply with the requirements of the Privacy Act of 1974, as amended
(5 U.S.C. 552a).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
Records are stored in electronic media and sometimes in paper
format within individual file folders.
Electronic media and paper records are indexed and retrieved by
unique identification number which may be cross referenced to the name
of complainant or inquirer.
Electronic records are password protected and accessible only by
authorized personnel. Paper records are maintained in lockable metal
file cabinets accessible only to authorized personnel.
RETENTION AND DISPOSAL:
Paper records and electronic media are retained for five years
after receipt in accordance with the FDIC Records Retention and
SYSTEM MANAGER(S) AND ADDRESS:
Chief, Consumer Affairs Branch, Division of Supervision and
Consumer Protection, FDIC, 550 17th Street, NW., Washington, DC 20429.
Individuals wishing to determine if they are named in this system
of records or who are seeking access to records maintained in this
system of records must submit their request in writing to the Legal
Division, FOIA/PA Unit, FDIC, 550 17th Street, NW., Washington, DC
20429. The request must contain the name and address of the complainant
or inquirer and the name and address of the insured depository
institution that is the subject of the inquiry or complaint.
Individuals requesting their own records must provide their name,
address and a notarized statement attesting to their identity.
RECORD ACCESS PROCEDURES:
See ``Notification procedure'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification procedure'' above. Individuals wishing to
contest or amend information maintained in this system of records
should specify the information being contested, their reasons for
contesting it, and the proposed amendment to such information.
RECORD SOURCE CATEGORIES:
The sources of records in this category include depositors who make
inquiries concerning deposit insurance coverage and consumers with
inquiries or complaints concerning the activities or practices of FDIC-
insured depository institutions; depository institutions insured by the
FDIC that are the subject of an inquiry or complaint; state or federal
agencies with supervisory or law enforcement authority over an FDIC-
insured depository institution; congressional offices that may
facilitate the inquiry or complaint; and other parties providing
information to the FDIC in an attempt to facilitate an inquiry or
resolve the complaint.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Dated at Washington, DC, this 19th day of July, 2005.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
[FR Doc. 05-15108 Filed 7-29-05; 8:45 am]