Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15583

Database where consent for publication financial domain, e.g., credit card BUREAU OF FINANCIAL is first obtained from the consumer. numbers; and (3) identifiers which the PROTECTION Only those narratives for which opt-in Bureau knows appear in complaints and [Docket No. CFPB–2015–0013] consumer consent is obtained and a could reasonably be used to identify robust personal information scrubbing individuals, e.g., personal information Request for Information Regarding the standard and methodology is applied pertaining to third parties other than the Consumer Complaint Database will be eligible for disclosure. company that is the subject of the complaint. All consumer complaint data AGENCY: Consumer Financial Protection B. Consumer Consent To Disclose Bureau. Narratives shared via the Consumer Complaint Database will be subject to this standard ACTION: Notice and request for The Bureau intends to disclose only and methodology, including, e.g., ZIP information. narratives for which informed consent code. The Bureau plans to make this SUMMARY: has been obtained and that have been scrubbing standard available on the The Bureau of Consumer Financial Protection (the ‘‘Bureau’’) is scrubbed for personal information. To Bureau’s Web site. The scrubbing issuing a Notice and Request for obtain consent, the methodology contemplates a computer- Information (‘‘RFI’’) to solicit and Bureau plans to give who based automated step and a quality collect input from the public on the submit a complaint the opportunity to assurance step or steps performed by potential collection and sharing of check a consent box, with human reviewers. accompanying language that will state, consumer compliments about providers among other things, and in plain D. Company Response of consumer financial products and language, that: (1) Whether or not The Bureau plans to give companies services and more information about a consent is given will not otherwise the opportunity to respond publicly to company’s complaint handling. impact how the Bureau handles the the substance of the consumer DATES: Submit comments on or before complaint; (2) if given, the consumer complaints they receive from the May 26, 2015. may thereafter inform the Bureau that Bureau. Within the secure web portal ADDRESSES: You may submit responsive the consumer withdraws consent at any companies use to respond to information and other comments, time and the narrative will be removed complaints, the Bureau intends to add a identified by Docket No. CFPB–2015– from the Consumer Complaint Database; set list of structured company response 0013, by any of the following methods: • and (3) the Bureau will take reasonable options; a responding company will be Electronic: http:// steps to remove personal information given an opportunity to recommend to www.regulations.gov. Follow the from the complaint to address risk of re- instructions for submitting comments. the Bureau which option, if any, it • identification. would like included as a public-facing Mail: Monica Jackson, Office of the Executive Secretary, Consumer C. Personal Information Scrubbing response to address the substance of the Financial Protection Bureau, 1700 G Standard and Methodology consumer’s complaint. Companies will be under no obligation to avail Street NW., Washington, DC 20552. Sharing data containing personal • Hand Delivery/Courier: Monica themselves of this opportunity. information presents a tension between Jackson, Office of the Executive data utility and individual privacy. As E. Continuous Improvement Secretary, Consumer Financial a particular personal information The Bureau plans to implement a Protection Bureau, 1275 First Street NE., scrubbing standard becomes more or testing and continuous improvement Washington, DC 20002. less stringent, the utility of a given de- process to ensure that as applied, the Instructions: The Bureau encourages identified dataset may become Bureau’s standard and methodology for the early submission of comments. All respectively less or more useful. scrubbing personal information submissions must include the document Within its judgment and discretion, adequately protects consumers. The title and docket number. Because paper and in order to address the risk of re- Bureau intends to continue to adjust its mail in the Washington, DC area and at identification, the Bureau intends to scrubbing standard and methodology, the Bureau is subject to delay, apply to all publicly-disclosed guided by the goal of simultaneously commenters are encouraged to submit narratives a robust personal information maximizing data utility and individual comments electronically. In general, all scrubbing standard and methodology. In privacy. comments received will be posted designing its scrubbing standard, the without change to http:// Bureau relied heavily on guidance by VI. Effect of Policy Statement www.regulations.gov. In addition, the Department of Health and Human This Policy Statement is intended to comments will be available for public Services regarding de-identification of provide information regarding the inspection and copying at 1275 First health data, as outlined in the Health Bureau’s plans to exercise its discretion Street NE., Washington, DC 20002, on Insurance Portability and to publicly disclose certain data derived official business days between the hours Accountability Act (‘‘HIPAA’’) Privacy from consumer complaints. The Policy of 10 a.m. and 5 p.m. Eastern Time. You 32 Rule. The Bureau’s current scrubbing Statement does not impose any legal can make an appointment to inspect the standard is modeled after the HIPAA obligations on third parties, nor does it documents by telephoning (202) 435– Safe Harbor Method, which is generally create or confer any substantive or 7275. considered to represent a best practice procedural rights on third parties that All submissions, including for de-identifying data. In addition to could be enforceable in any attachments and other supporting adopting (and removing) most of the administrative or civil proceeding. materials, will become part of the public specific HIPAA identifiers, the Bureau record and subject to public disclosure. also plans to remove: (1) Demographic Dated: March 12, 2015. Sensitive personal information, such as information such as gender, age, race, Richard Cordray, account numbers or Social Security and ethnicity; (2) appropriate analogues Director, Bureau of Consumer Financial numbers, should not be included. to HIPAA identifiers in the . Submissions will not be edited to [FR Doc. 2015–06722 Filed 3–23–15; 8:45 am] remove any identifying or contact 32 45 CFR 164.514. BILLING CODE 4810–AM–P information.

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FOR FURTHER INFORMATION CONTACT: For by collecting and providing consumer iv. Timeliness and speed: submission process questions please compliments (independent of the a. Average time between complaint contact Monica Jackson, Office of the complaint process). Each will be receipt and initial/final response. Executive Secretary, at (202) 435–7275. discussed in turn. b. Frequency of exceeding either the For inquires related to the substance of 15 or 60 day allowance. 1. Company Complaint Handling this request, please contact Scott Pluta, v. Consumer Sentiment Analysis. at (202) 435–7306. In 2014, the Bureau sent Refers to the use of automated textual SUPPLEMENTARY INFORMATION: approximately 156,600 consumer analysis to identify and extract complaints to companies for response. subjective information in source Authority: 12 U.S.C. 5511(c). In 2013 and 2012, that figure was materials, e.g., classifying the various Background: The Bureau, established 113,200 and 75,400, respectively. When complaint narratives fields across a under the Dodd-Frank Wall Street a company receives a complaint from spectrum of emotional states. Reform and Consumer Protection Act of the Bureau, it has 15 calendar days for The Bureau also seeks comment on a 2010 (‘‘Dodd-Frank Act’’), hears directly its initial response and up to 60 potential adjustment of the consumer from the American public about their calendar days to provide a final ‘‘dispute’’ function. Under one potential experiences with the nation’s consumer response. The company reviews the scenario, the dispute function would be financial marketplace. An important information, communicates with the replaced with a two-part consumer element of the Bureau’s mission is the consumer as needed, and determines feedback process. The consumer would handling of individual consumer what action to take in response. Once have the ability to rate the company’s complaints regarding consumer the company responds, the Bureau handling of his or her complaint on a financial products and services. In June alerts the consumer and invites him or one to five scale of satisfaction and 2012, the Bureau began making certain her to review the response and provide provide a description in support of the de-identified individual-level complaint feedback. rating. Positive feedback about the data available via its Web-based, public The data shared via the Consumer company’s handling of the consumer’s facing database (the ‘‘Consumer Complaint Database can reveal positive complaint would be reflected by both Complaint Database’’). Since launch, the company behavior. The purposes of high satisfaction scores and by the Consumer Complaint Database has been publishing the Consumer Complaint narrative in support of the score. The expanded multiple times to include Database include providing consumers Bureau would consider whether and additional consumer financial products with timely and understandable how these data elements could be and data fields. Concurrent with this information about consumer financial disclosed to the public. RFI, the Bureau is publishing a final products and services, and improving The Bureau is also seeking input on policy statement to provide guidance on the functioning, transparency, and the most effective and user-friendly how the Bureau plans to exercise its efficiency of markets for such products ways to make the above data available discretion to disclose publicly and services. Consumer complaints are to the public. The ability to download unstructured consumer complaint a natural part of doing business. the raw data may be an option. Other narrative data via the Consumer Therefore, it is not the existence of a options may include comparison tools, Complaint Database. As part of the routine complaint, by itself, that draws dashboards, and visualizations. Lastly, public comment process associated with the attention of the market, but instead the Bureau could release tables listing, that policy, several trade associations it is factors such as the number of e.g., the ‘‘Top Ten’’ (and bottom) and companies commented that the complaints relative to comparable companies across some number of the Consumer Complaint Database should companies, how a company handles its above metrics. The Bureau is interested include positive feedback in complaints, the patterns and categories in hearing not only whether the public conjunction with complaint narratives. that identify and show the frequency of believes these to be good ideas, but One commenter suggested that if the certain complaints, and perhaps the mechanically how they could work. The Database is to function as a marketplace occasional notable fact pattern. The following represents some of the issues of ideas, then it should reflect the entire Bureau believes there are opportunities to be considered: market and not solely consumers to highlight positive company behavior • Timing. How often should the lists submitting complaints. Several trade within at least the first two of these be updated, e.g., daily, weekly, monthly, associations stated that if the database is characteristics—relative volume and quarterly? to be likened to private Web-based quality of response to the consumer. • Normalization. Should the lists review sites, then positive feedback is With this RFI, the Bureau is specifically include normalized results or just those necessary. interested in responses that identify metrics that do not require Current Bureau Operations: The potential ways the Bureau could record, normalization, e.g., time from receipt to Bureau currently collects and shares calculate, standardize, sort, share, and final company response? some positive feedback regarding visualize the data associated with the • Size Threshold. Should there be a company complaint handling. For consumer complaints the Bureau sends minimum complaint volume threshold example, the public Consumer to companies in ways that reveal to be included on the list? Complaint Database currently shares positive company behavior. The • Metrics. Which metric should be information that can be used to following represents a non-exhaustive subject to listing, e.g., volume of highlight a company’s positive list of potential metrics that the Bureau normalized complaints, types of complaint handling relative to its peers, could share on its Web site: resolutions, consumer satisfaction/ e.g., whether company responses are i. Total number of complaints, by dispute rates, consumer sentiment? timely or disputed by the consumer. product and issue. Positive Consumer Feedback: Broadly ii. Normalized number of complaints 2. Compliments speaking, the Bureau conceives of two by company, by product and issue. Outside of the Bureau’s current potential avenues for sharing positive iii. Company Final Responses. complaint handling operation, another consumer feedback about companies: (1) Controlling for other variables, e.g., possible avenue for highlighting By providing more information about a product and issue, comparison of how positive company behavior would be to company’s complaint handling, and (2) companies choose to close complaints. solicit, collect, and share consumer

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compliments. This could entail a new complaints. As with complaints, the ADDRESSES: You may submit comments, submission type, channel, and process Bureau would have to determine (1) identified by dock number and title, by for the Bureau as well as a new database what elements of a consumer any of the following methods: to list such compliments. The Bureau is compliment to disclose publicly, and (2) • Federal Rulemaking Portal: http:// seeking input from the public on this which compliments should be excluded www.regulations.gov. idea generally, as well as focused from disclosure, and (3) how scrubbing Follow the instructions for submitting comments across the following and consent should be applied. The comments. elements: Bureau is seeking input from the public • Mail: Federal Docket Management a. Channel on these questions. System Office, 4800 Mark Center Drive Creative and Innovative Solutions. East Tower, 2nd Floor, Suite 02G09, The Bureau maintains a feature on its The above framework for considering Alexandria, VA 22350–3100. Web site called Tell Your Story, which positive company feedback should be Instructions: All submissions received gives consumers the opportunity to considered as just that, a framework. must include the agency name and share their experiences with consumer The Bureau is seeking innovative and docket number for this Federal Register financial products and services. These creative input on the idea of document. The general policy for submissions are reviewed by CFPB staff highlighting positive consumer comments and other submissions from and help the Bureau understand current experiences and company performance. members of the public is to make these issues in the financial marketplace. This Therefore, while the above provides submissions available for public channel could operate as-is and some focus for this solicitation, the viewing on the Internet at http:// instances of consumer compliments Bureau is hopeful that it will receive a www.regulations.gov as they are could be shared with the public (with number of innovative ideas that it can received without change, including any the appropriate consumer consent). evaluate and potentially implement. personal identifiers or contact Alternatively, Tell Your Story could be information. altered to solicit consumer compliments Dated: March 12, 2015. more directly. Or a new channel could Richard Cordray, FOR FURTHER INFORMATION CONTACT: Ms. be launched that is specifically designed Director, Bureau of Consumer Financial Mayra Lazala-Stock, USEUCOM FOIA/ to intake only consumer compliments. Protection. PA Support Specialist, USEUCOM, Unit The Bureau requests public comment on [FR Doc. 2015–06707 Filed 3–23–15; 8:45 am] 30400, APO AE 09131–0400, telephone: the possibility of expanding the Tell BILLING CODE 4810–AM–P 011–49–711–680–7161. Your Story channel, and/or specific SUPPLEMENTARY INFORMATION: The suggestions for alternate channels to United States European Command facilitate positive feedback. DEPARTMENT OF DEFENSE notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), b. Operations Office of the Secretary as amended, have been published in the As detailed previously, consumer [Docket ID: DoD–2015–OS–0023] Federal Register and are available from complaints follow a specific process FOR FURTHER INFORMATION CONTACT or path, from the consumer to the Bureau Privacy Act of 1974; System of from the Defense Privacy and Civil to the company and back to the Records Liberties Division Web site at http:// consumer. If the Bureau established a dpcld.defense.gov. new database to intake and publish AGENCY: United States European The proposed systems reports, as consumer compliments, should the Command, DoD. required by 5 U.S.C. 552a(r) of the same process apply? How should the ACTION: Notice to add a new system of Privacy Act, were submitted on January Bureau confirm that a commercial records. 27, 2015, to the House Committee on relationship exists between the Oversight and Government Reform, the SUMMARY: The United States European consumer submitting the compliment Senate Committee on Homeland Command proposes to add a new and the company? Specifically, should Security and Governmental Affairs, and system of records, AEUCOM 01, entitled consumer compliments be sent to the the Office of Management and Budget ‘‘United States European Command relevant company for the company to (OMB) pursuant to paragraph 4c of (USEUCOM) Security Clearance confirm that a commercial relationship Appendix I to OMB Circular No. A–130, Database’’ in its existing inventory of exists between the consumer and the ‘‘Federal Agency Responsibilities for records systems subject to the Privacy company? Are there any other Maintaining Records About Act of 1974, as amended. This system operational considerations that would Individuals,’’ dated February 8, 1996 will be used to verify current access for benefit the public that the Bureau (February 20, 1996, 61 FR 6427). should consider when designing, personnel assigned to or visiting Dated: March 19, 2015. developing, and implementing a system USEUCOM. It will also be used as an for collecting consumer compliments? electronic request manager for Aaron Siegel, scheduling Sensitive Compartmented Alternate OSD Federal Register Liaison c. Disclosure Information indoctrinations, issuing Officer, Department of Defense. badges, requesting access to spaces, and The Consumer Complaint Database AEUCOM 01 does not disclose every complaint the processing clearance certifications for Bureau receives. Examples of visitors to USEUCOM or for USEUCOM SYSTEM NAME: complaints that are withheld from personnel visiting other organizations. United States European Command disclosure include complaints where DATES: Comments will be accepted on or (USEUCOM) Security Clearance the commercial relationship could not before April 23, 2015. This proposed Database be confirmed, complaints that are action will be effective the day referred to other regulators, complaints following the end of the comment SYSTEM LOCATION: where the information is incomplete, period unless comments are received ECJ6 HQ USEUCOM, Patch Barracks complaints involving ongoing litigation which result in a contrary Stuttgart, Unit 30400, APO, AE 09131– with the company, and anonymous determination. 0400, Germany

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