(a) The department may deny a requestor the opportunity to inspect identifiable health information in the possession of the department or may deny a request for copies of such information if:
(1) The department can show by clear and convincing evidence that the review of the identifiable health information will cause substantial and identifiable harm to the requestor or others that outweighs the requestor’s right to access the information;
(2) A parent or legal guardian has requested access to identifiable health information concerning an individual over the age of eighteen years who is the subject of the information and the individual objects to such access of the information within seven days of receipt of written notice of the request by the department in possession of the information; or
(3) The information is compiled principally in anticipation of, or for use in, a legal proceeding.
(b) If the department denies a request to inspect or copy identifiable health information, it shall notify the requestor in writing of the reasons for denying such request, including that the department does not possess any identifiable health information which is subject to the request.
(c) A requestor may appeal such decisions under administrative review procedures under the American Samoa Administrative Code.History: 2007, PL 30-11.