SEC 63 Tips, Complaints, and Referrals (TCR) Records.

SEC-63
SYSTEM NAME:
Tips, Complaints, and Referrals (TCR) Records.
SYSTEM LOCATION:
Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549. Files may also
be maintained in the Commission’s Regional Offices that conducted an investigation or
litigation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individuals that submit tips, complaints, or related information about actual or potential
violations of the federal securities laws; investor harm; conduct of public companies, securities
professionals, regulated entities, and associated persons; and internal and external referrals of
misconduct; (2) Individuals that are the subjects of a tip or complaint related to an actual or
potential securities law violation; (3) Attorneys or other related individuals; and (4) SEC
personnel or contractors assigned to handle such tips, complaints, and referrals.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include individual names; dates of birth; social security numbers; addresses;
telephone numbers; tip, complaint, and referral information including allegation descriptions,
dates, and supporting details; supporting documentation; web forms; e-mails; criminal history;
working papers of the staff; and other documents and records relating to the matter.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
15 U.S.C. 77a et seq., 78a et seq., 80a-1 et seq., 80b-1 et seq., and 5 U.S.C. 302.
PURPOSE(S):
For use by authorized SEC personnel in receiving, recording, assigning, tracking, and taking
action on tips, complaints, and referrals received from individuals and entities related to actual or
potential violations of the federal securities laws; investor harm; or conduct of public companies,
securities professionals, regulated entities and associated persons.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING
CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act,
these records or information contained therein may specifically be disclosed outside the
Commission as a routine use pursuant to 5 U.S.C. 552 a(b)(3) as follows:
1. To appropriate agencies, entities, and persons when (a) it is suspected or confirmed that the
security or confidentiality of information in the system of records has been compromised; (b)
the SEC has determined that, as a result of the suspected or confirmed compromise, there is a
risk of harm to economic or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether maintained by the SEC or
another agency or entity) that rely upon the compromised information; and (c) the disclosure
made to such agencies, entities, and persons is reasonably necessary to assist in connection

with the SEC’s efforts to respond to the suspected or confirmed compromise and prevent,
minimize, or remedy such harm.
2. To other federal, state, local, or foreign law enforcement agencies; securities self-regulatory
organizations; and foreign financial regulatory authorities to assist in or coordinate regulatory
or law enforcement activities with the SEC.
3. To national securities exchanges and national securities associations that are registered with
the SEC, the Municipal Securities Rulemaking Board; the Securities Investor Protection
Corporation; the Public Company Accounting Oversight Board; the federal banking
authorities, including, but not limited to, the Board of Governors of the Federal Reserve
System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation;
state securities regulatory agencies or organizations; or regulatory authorities of a foreign
government in connection with their regulatory or enforcement responsibilities.
4. By SEC personnel for purposes of investigating possible violations of, or to conduct
investigations authorized by, the federal securities laws.
5. In any proceeding where the federal securities laws are in issue or in which the Commission,
or past or present members of its staff, is a party or otherwise involved in an official capacity.
6. In connection with proceedings by the Commission pursuant to Rule 102(e) of its Rules of
Practice, 17 CFR 201.102(e).
7. To a bar association, state accountancy board, or other federal, state, local, or foreign
licensing or oversight authority; or professional association or self-regulatory authority to the
extent that it performs similar functions (including the Public Company Accounting
Oversight Board) for investigations or possible disciplinary action.
8. To a federal, state, local, tribal, foreign, or international agency, if necessary to obtain
information relevant to the SEC’s decision concerning the hiring or retention of an employee;
the issuance of a security clearance; the letting of a contract; or the issuance of a license,
grant, or other benefit.
9. To a federal, state, local, tribal, foreign, or international agency in response to its request for
information concerning the hiring or retention of an employee; the issuance of a security
clearance; the reporting of an investigation of an employee; the letting of a contract; or the
issuance of a license, grant, or other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's decision on the matter.
10. To produce summary descriptive statistics and analytical studies, as a data source for
management information, in support of the function for which the records are collected and
maintained or for related personnel management functions or manpower studies; may also be
used to respond to general requests for statistical information (without personal identification
of individuals) under the Freedom of Information Act.
11. To any trustee, receiver, master, special counsel, or other individual or entity that is
appointed by a court of competent jurisdiction, or as a result of an agreement between the
parties in connection with litigation or administrative proceedings involving allegations of
violations of the federal securities laws (as defined in section 3(a)(47) of the Securities
Exchange Act of 1934, 15 U.S.C. 78c(a)(47)) or pursuant to the Commission’s Rules of
Practice, 17 CFR 201.100 – 900 or the Commission’s Rules of Fair Fund and Disgorgement
Plans, 17 CFR 201.1100-1106, or otherwise, where such trustee, receiver, master, special
counsel, or other individual or entity is specifically designated to perform particular functions
with respect to, or as a result of, the pending action or proceeding or in connection with the

2

administration and enforcement by the Commission of the federal securities laws or the
Commission’s Rules of Practice or the Rules of Fair Fund and Disgorgement Plans.
12. To any persons during the course of any inquiry, examination, or investigation conducted by
the SEC’s staff, or in connection with civil litigation, if the staff has reason to believe that the
person to whom the record is disclosed may have further information about the matters
related therein, and those matters appeared to be relevant at the time to the subject matter of
the inquiry.
13. To interns, grantees, experts, contractors, and others who have been engaged by the
Commission to assist in the performance of a service related to this system of records and
who need access to the records for the purpose of assisting the Commission in the efficient
administration of its programs, including by performing clerical, stenographic, or data
analysis functions, or by reproduction of records by electronic or other means. Recipients of
these records shall be required to comply with the requirements of the Privacy Act of 1974,
as amended, 5 U.S.C. 552a.
14. In reports published by the Commission pursuant to authority granted in the federal securities
laws (as such term is defined in section 3(a)(47) of the Securities Exchange Act of 1934, 15
U.S.C. 78c(a)(47)), which authority shall include, but not be limited to, section 21(a) of the
Securities Exchange Act of 1934, 15 U.S.C. 78u(a)).
15. To members of advisory committees that are created by the Commission or by Congress to
render advice and recommendations to the Commission or to Congress, to be used solely in
connection with their official designated functions.
16. To any person who is or has agreed to be subject to the Commission’s Rules of Conduct, 17
CFR 200.735-1 to 200.735-18, and who assists in the investigation by the Commission of
possible violations of the federal securities laws (as such term is defined in section 3(a)(47)
of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), in the preparation or conduct
of enforcement actions brought by the Commission for such violations, or otherwise in
connection with the Commission’s enforcement or regulatory functions under the federal
securities laws.
17. To a Congressional office from the record of an individual in response to an inquiry from the
Congressional office made at the request of that individual.
18. To members of Congress, the press, and the public in response to inquiries relating to
particular Registrants and their activities, and other matters under the Commission’s
jurisdiction.
19. To prepare and publish information relating to violations of the federal securities laws as
provided in 15 U.S.C. 78c(a)(47)), as amended.
20. To respond to subpoenas in any litigation or other proceeding.
21. To a trustee in bankruptcy.
22. To members of Congress, the General Accountability Office, or others charged with
monitoring the work of the Commission or conducting records management inspections.

3

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING,
RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in electronic and paper format. Electronic records are stored in
computerized databases and/or on computer disc. Paper records and records on computer disc
are stored in locked file rooms and/or file cabinets.
RETRIEVABILITY:
Records may be retrieved by an individual’s or entity’s name, receipt date, subject matter,
keywords that may include personal information, and/or other personal identifier. The system
will also enable authorized SEC personnel to search for and retrieve records using conventional
methods including but not limited to the use of unique record identifiers, keyword searches,
geographic data (e.g. zip code), date and time searches, and sorts and filters.
SAFEGUARDS:
Records are safeguarded in a secured environment. Buildings where records are stored have
security cameras and 24 hour security guard service. The records are kept in limited access areas
during duty hours and in locked file cabinets and/or locked offices or file rooms at all other
times. Access is limited to those personnel whose official duties require access. Computerized
records are safeguarded through use of access codes and information technology security.
Contractors and other recipients providing services to the Commission are contractually
obligated to maintain equivalent safeguards.
RETENTION AND DISPOSAL:
These records will be maintained until they become inactive, at which time they will be retired or
destroyed in accordance with records schedules of the United States Securities and Exchange
Commission and as approved by the National Archives and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Director, Division of Risk, Strategy, and Financial Innovation, U.S. Securities and
Exchange Commission, 100 F Street, NE, Washington, DC 20549
NOTIFICATION PROCEDURE:
All requests to determine whether this system of records contains a record pertaining to the
requesting individual may be directed to the FOIA/PA Officer, Securities and Exchange
Commission, 100 F Street, NE, Washington, DC 20549-5100.
RECORD ACCESS PROCEDURES:
Persons wishing to obtain information on the procedures for gaining access to or contesting the
contents of these records may contact the FOIA/PA Officer, Securities and Exchange
Commission, 100 F Street, NE, Washington, DC 20549-5100.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures above.

4

RECORD SOURCE CATEGORIES:
Information in these records may be supplied by investors and the general public, Commissionregulated entities including broker-dealers, investment advisers, self-regulatory organizations,
other government agencies, and foreign regulators.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Under 5 U.S.C. 552a(k)(2), this system of records is exempted from the following provisions of
the Privacy Act, 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f) and 17 CFR
200.303, 200.304, and 200.306, insofar as it contains investigatory materials compiled for law
enforcement purposes. This exemption is contained in 17 CFR 200.312(a)(1).

5