Deliberative process privilege is the

common-law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

principle that the internal processes of the executive branch of a government are immune from normal disclosure or discovery in civil litigations,

Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...

requests, etc. The theory behind the protection is that by guaranteeing confidentiality, the government will receive better or more candid advice, recommendations and opinions, resulting in better decisions for society as a whole. The deliberative process privilege is often in dynamic tension with the principle of maximal transparency in government. In the context of the U.S. presidential offices and their workproducts, this principle is often referred to as

executive privilege Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and othe ...

, or as a type of executive privilege that is distinct from "presidential communications privilege".

See also