American Samoa
American Samoa Public Records Provisions
ASCA § 9.0701 et seq.
Transparency Score: 48/100
Response Timeline
No fixed statutory deadline for response to public records requests. American Samoa has one of the most minimal open records frameworks among US jurisdictions. The code establishes a right of access but does not prescribe specific response timeframes. In practice, response times depend on agency capacity and resources.
No explicit residency requirement in the statute. The provisions apply generally to public records without restricting access based on requester location.
How to Submit a Request
Accepted Methods
American Samoa's limited infrastructure means that in-person requests may be the most reliable method. The Office of Legal Affairs maintains a public records page. No formal request form is prescribed by statute.
Required Elements
- Description of records sought
- Requester contact information
Optional Elements
- Purpose of request (not required by statute)
- Preferred format
Fees
The statute permits nominal charges for copies. Specific fee amounts are not prescribed, leaving fee schedules to individual agencies. Given the limited statutory framework, fee practices vary widely across ASG agencies.
Fee Waivers
- On-premises inspection of records may be free of charge
- Agencies may waive fees at their discretion
No statutory fee waiver provisions. Any fee waivers are entirely at agency discretion.
Exemptions
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Records specifically made confidential by other provisions of the American Samoa Code
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Personnel records of government employees containing private personal information
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Medical records of identifiable individuals
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Certain records related to communal and customary land tenure may have restricted access under Samoan custom
American Samoa has a very limited exemption framework. The primary exemption is for records 'specifically made confidential by other statutes.' Personnel records are also generally exempt. Notably, American Samoa's unique cultural and legal system (which preserves fa'a Samoa - the Samoan way of life) may affect access to certain records related to communal land tenure and matai (chief) titles.
Appeal Process
1
File a civil action in the High Court of American Samoa. There is no formal administrative appeal process within agencies.
The High Court of American Samoa is the primary venue for challenging denials of public records access. There is no formal administrative appeal process. Given the small size of the territory and limited legal resources, judicial enforcement of public records rights can be challenging in practice.
Request Templates
ASG Office of Legal Affairs - Public Records →
American Samoa Government
NFOIC Sample Request Letters →
National Freedom of Information Coalition
Records Retention
ASCA Title 4, Chapter 12; ASAC Title 2, Chapter 3
OARM provides records management guidance to government offices about the lifecycle of records in accordance with local and national laws. No comprehensive online retention schedule catalog was identified; the program has limited public-facing digital resources.