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information concerning deliveries and exchanges of futures for
physicals by persons with reportable positions. These reports are
filed, mostly in machine readable form, in the CFTC office in the
city where the contract market involved is located. If there is no
CFTC office in that city, they are filed in the office where the CFTC
instructs that they be filed.
3. Computer records prepared from information on the forms
described in items (1) and (2) above. The computer system is located
in Chicago. Printouts may be located in some or all of the
Commission's offices.
4. Correspondence and memoranda of telephone conversations
between the Commission and the individual or between the Commission
and other agencies dealing with matters of official business
concerning the individual.
5. Other miscellaneous information, including intra-agency
correspondence and memoranda concerning the individual and documents
relating to official actions taken by the Commission against the
individual.
6. Reports from contract markets concerning futures and options:
a. Positions and Transactions of Clearing Member Firms.
Information is provided in machine readable form and contains the
data prescribed in part 16 of the Commission's regulations. The
information includes an identification number for each clearing
member, open contracts at the firm for proprietary and customer
accounts and transactions such as trades, exchanges of futures for
cash, delivery notices issued and received, and transfers and option
exercises. The information is filed in the city where the exchange is
located or as instructed by the Commission. Data is transmitted to
the CFTC computer system and printouts are available at all CFTC
offices.
b. Large Option Trader Data. Information is provided in machine
readable form and contains the data prescribed in Commission Rule
16.02. Shows customer account number and reportable option positions
as specified in Rule 16.02. Machine readable media is delivered to
the Commission office in which the contract market is located or as
instructed by the Commission. The data is transmitted to the CFTC
computer system and printouts of the data are available in each
Commission office.
Authority for maintenance of the system:
Sections 4g, 4i, and 8 of the Commodity Exchange Act, 7 U.S.C.
6g, 6i, and 12.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.'' In addition,
information concerning traders and their activities may be disclosed
and made public by the Commission to the extent permitted by law when
deemed appropriate to further the practices and policies of the
Commodity Exchange Act.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, computer memory, and computer
printout.
Retrievability:
Form 40, Form 102, correspondence and other miscellaneous
information are maintained directly under the name of the reporting
trader. The series 01, 03, and 04 forms are maintained by identifying
code number. However, information from these forms is included in the
computer and retrievable by individual name from the computer.
Safeguards:
General office security measures, with recent trading reports
stored in lockable file cabinets. Access is limited to those whose
official duties require access.
Retention and disposal:
CFTC Form 40, CFTC Form 102, correspondence, memoranda, etc. are
retained on the premises until the account has been inactive for 5
years and are then destroyed. Form 01, 03, and 04 reports are
maintained for 6 months on the premises and then held at the Federal
Records Center for 5 years before being destroyed. The computer file
is maintained for 10 years for Form 01, 03, and 04 reports and large
trader options data reported by contract markets. Clearing member
positions and transactions are maintained for 2 years. Trader code
numbers and related information are maintained for 5 years after a
trader becomes nonreportable. Account numbers assigned by an FCM are
maintained on the system for 1 year after the account is no longer
reported.
System manager(s) and address:
Chief, Surveillance Branch, in the region where the records are
located. See ``The Location of Systems of Records.''
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves, or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records
should address written inquiry to the FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105. Include
code number assigned by the Commission for filing reports, the name
of the futures commission merchant through whom traded, and the time
period for which information is sought.
Record source categories:
The individual on whom the record is maintained and futures
commission merchants through whom the individual trades.
Correspondence and memoranda prepared by the Commission or its staff.
Correspondence from firms, agencies, or individuals requested to
provide information on the individual.
#..CFTC-16
#....System name:
Case Files.
System location:
This system is located in the Commission's principal and regional
offices. Pending litigation files may be located in other
participating offices. See ``The Location of Systems of Records.''
Categories of individuals covered by the system:
Persons or firms against whom the Commission has taken
enforcement action based on violations of the Commodity Exchange Act
or the rules and regulations promulgated thereunder.
Categories of records in the system:
Copies of various papers filed by or with the Commission or the
courts in connection with administrative proceedings or injunctive
actions brought by the Commission. It includes, as a minimum, a copy
of the complaint and the final decision and order, and may contain
other documents as well, including records described in CFTC-14,
Matter Files, as well as pleadings and litigation correspondence.
Authority for maintenance of the system:
These files are necessary for the orderly and effective conduct
of litigation authorized under the Commodity Exchange Act and other
federal statutes. See, e.g., section 6c of the Commodity Exchange
Act, 7 U.S.C. 13a-1, authorizing injunctive actions, and various
provisions in that Act authorizing administrative actions.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.'' The information in
these files is generally a matter of public record and may be
disclosed without restriction.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders or binders, disks, computer memory,
computer printouts. A summary index of material is also stored on the
computer.
Retrievability:
By case title or in some instances by docket number.
Safeguards:
General office security measures including secured premises with
access limited to those whose official duties require access.
Retention and disposal:
After an action is complete, the complaint, final decision, and
order are kept indefinitely at the headquarters office. The remainder
of the litigation file is shipped to off-site storage 90 days after
the case is completed. Most case files are destroyed after 15 years;
unique precedent setting cases are destroyed after 20 years.
System manager(s) and address:
Director, Division of Enforcement at the Commission's principal
office and Regional Counsel for the region where the records are
located. See ``The Location of Systems Records.''
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records
should address written inquiry to the FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
The parties, their attorneys, the Commission's Proceedings
Clerk's Office, the relevant court, and miscellaneous sources.
#..CFTC-17
#....System name:
Litigation Files-OGC.
System location:
This system is located in the Office of the General Counsel at
1155 21st Street, NW, Washington, DC 20581.
Categories of individuals covered by the system:
Parties involved in litigation with the Commission or litigation
in which the Commission has an interest including, but not limited
to:
a. Administrative proceedings before the Commission;
b. Injunctive actions brought by the Commission;
c. Other federal court cases to which the Commission is a party;
d. Litigation in which the Commission is participating as amicus
curiae; and
e. Other cases involving issues of concern to the Commission,
including those brought by other law enforcement and regulatory
agencies and those brought by private parties.
Categories of records in the system:
Papers, disks, computer memory or computer printouts comprising
or included in the record of the case, and briefs and correspondence
related to that action. May also include internal memoranda and other
documents pertaining to the matter being litigated.
Authority for maintenance of the system:
The Commodity Exchange Act, 7 U.S.C. 1, et seq., entrusts the
Commission with broad regulatory responsibilities over commodity
futures transactions. In this connection, the Commission is
authorized to bring both administrative proceedings and injunctive
actions where there appear to have been violations of the Act.
Furthermore, to effectuate the purposes of the Act, it is necessary
that the Commission staff be familiar with developments in other
actions brought by others that have implications in the commodity law
areas.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The information in these files is generally a matter of public
record and may be disclosed without restriction. Also see ``General
Statement of Routine Uses.''
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders, as well as disks, computer memory
and computer printouts.
Retrievability:
Alphabetically by caption of the case.
Safeguards:
General office security measures including secured rooms or
premises with access limited to those whose official duties require
access.
Retention and disposal:
Maintained in the active files until the action is completed,
including final review at the appellate level. Thereafter,
transferred to the inactive case files, where a skeletal record of
pleadings, briefs, findings, and opinions and other particularly
relevant papers may be maintained. These records are maintained on
premises for five years, then transferred to the Federal Records
Center. A copy of some of the documents may be kept in precedent
files for use in later legal research or preparation of filings in
other matters.
System manager(s) and address:
General Counsel, 1155 21st Street, NW, Washington, DC 20581.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves, or seeking access to records
about themselves in this system of records, or contesting the content
of records about themselves contained in this system of records
should address written inquiry to the FOI, Privacy and Sunshine Acts
Compliance Staff, Commodity Futures Trading Commission, 1155 21st
Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
The court or regulatory authority before whom the action is
pending, the attorneys for one of the named parties, and
miscellaneous sources.
#..CFTC-18
#....System name:
Logbook on Speculative Limit Violations.
System location:
This system is located in the Commission's Chicago and New York
regional offices. See ``The Location of Systems of Records.''
Categories of individuals covered by the system:
Individuals who have exceeded speculative limits in a particular
fiscal year.
Categories of records in the system:
A listing, by year, of the violations of speculative limits
imposed by the Commission and the exchanges. It includes the trader's
assigned code number, the commodity involved, the name of the trader,
the type of violation, the date of the violation, the date the
violation ceased, and the action taken. Copies of warning letters and
replies pertaining to the violation listed are maintained with the
logbook.
Authority for maintenance of the system:
Sections 4i and 8 of the Commodity Exchange Act, 7 U.S.C. 6i and
12.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
See ``General Statement of Routine Uses.''
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By fiscal year, and within each year by the name of the violator.
Safeguards:
General office security measures including secured rooms or
premises with access limited to those whose official duties require
access.
Retention and disposal:
Maintained on the premises for 5 years, then held in Federal
Records Center for 15 years before being destroyed.
System manager(s) and address:
Chief, Surveillance Branch, 233 South Wacker Drive, Suite 4600,
Chicago, Illinois 60606; Chief, Surveillance Branch, One World Trade
Center, Suite 4747, New York, New York 10048.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information about themselves or seeking access to records
about themselves contained in this system of records or contesting
the content of records about themselves contained in this system of
records should address written inquiry to the FOI, Privacy and
Sunshine Acts Compliance Staff, Commodity Futures Trading Commission,
1155 21st Street, NW, Washington, DC 20581. Telephone (202) 418-5105.
Record source categories:
Series 03 reports filed by traders. Correspondence prepared by
the Commission or by the individual or individual's representative.
#..CFTC-19
Deleted--Incorporated into CFTC-29.
#..CFTC-20
#....System name:
Registration of Floor Brokers, Floor Traders, Futures Commission
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