Practical Law Glossary Item 2-522-0897 (Approx. 2 pages)
Glossary
Deliberative Process Privilege
A form of executive privilege that protects information showing the process by which a government agency reached a particular decision or crafted a specific policy from disclosure to third parties. The privilege typically allows the government to withhold testimony or documents that reflect an agency's pre-decisional:
Advisory opinions.
Recommendations.
Deliberations.
To assert the deliberative process privilege, the government usually must:
Invoke it through an agency head or her subordinate who is personally knowledgeable about the information sought to be protected.
Identify the specific information that is protected by the privilege.
Give reasons for maintaining the confidentiality of the information.