Deliberative process privilege is the

common-law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prec ...

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 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.

US

In the context of the US presidential offices and their work products, this principle is a form of

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 ot ...

, or as a type of executive privilege that is distinct from "presidential communications privilege". The US FOIA has a specific exemption (Exemption 5) for deliberative process documents. The scope of Exemption 5 was clarified by

SCOTUS The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions ...

in United States v. Sierra Club, Inc (2021).

US

See also