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41.0321 Records exempt in whole or in part.

Cite as [A.S.A.C. § 41.0321]

(a) When an individual requests records about him/herself which have been exempted from individual access or which have been compiled in reasonable anticipation of a civil action or proceeding either in a court or before an administrative tribunal, the office will neither confirm nor deny the existence of the record which is presently available to him/her.

(b) Individual requests for access to records which have been exempted from access shall be processed as follows:

(1) Requests for information classified by the office shall be reviewed by the office to determine whether it continues to warrant classification. Information which no longer warrants classification under criteria shall be declassified and made available to the individual, if not otherwise exempt. If the information continues to warrant classification, the individual shall be advised that the information sought is classified; that it has been reviewed and continue to warrant classification; and that it has been exempted from access. Information which has been exempted and which is also classified shall be reviewed as required by this paragraph but the response to the individual shall be in the form prescribed by subsection (a) of this section.

(2) Requests for information which have been exempted from disclosure shall be responded to in the manner provided in subsection (a) of this section unless a review of the information indicates that the information has been used or is being used to deny the individual any right, privilege or benefit for which he/she is eligible or to which he/she would otherwise be eligible under American Samoa law. In that event, the individual shall be advised of the existence of the record and shall be provided the information except to the extent it would identify a confidential source. If and only if information identifying a confidential source can be deleted or the pertinent parts of the record summarized in a manner which protects the identity of the confidential source, the document with deletions made or the summary shall be furnished to the requestor .

(3) Information compiled as part of an employee background investigation shall be made available to an individual upon request except to the extent that it identifies a confidential source. If and only if information identifying a confidential source can be deleted or the pertinent parts of the record summarized in a manner which protects the identity of the confidential source, the document with deletion made or the summary shall be furnished to the requestor.

(4) Testing or examination materials which have been exempted shall not be made available to an individual if disclosures would compromise the objectivity or fairness of the testing or examination process but shall be made available if no such compromise possibility exists.

History: Rule 3-86, eff 7 Dec 86.