Who holds the deliberative process privilege?

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.

What is the purpose of deliberative process privilege?

The deliberative process privilege protects certain predecisional, internal agency information, such as recommendations and analysis, from disclosure during litigation.

What is a deliberative document?

A document is predecisional if the document was created before an agency’s final decision; a document is “deliberative” if the document helped the agency formulate its position on a matter.

What is a public record in oregon?

A “public record” is broadly defined to include. any writing that contains information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.[27]

Can deliberative process privilege be waived?

Congress can waive deliberative process privilege waiver.

What is a deliberate process?

Thus, we define a “deliberative process” as a process allowing a group of actors to receive and exchange information, to critically examine an issue, and to come to an agreement which will inform decision making (Fearon, 1998).

How do I request public records in Oregon?

Request for Public Records You may submit a public records request electronically to the Oregon DOJ via the Public Records Request form ». Or you may submit a request by email, mail or fax. For information about your child support case, please visit Child Support Case Records ».

How long do you have to respond to a public records request?

Section 10 specifies that a public authority must comply promptly, and no later than 20 working days after the date of receipt of the request.

What is a PRA request?

Public Records Act Requests are made when a member of the public wants to obtain public information that the Los Angeles County Registrar-Recorder/County Clerk does not offer as part of normal business services. California Public Records Act Policy.

What is deliberative process model?

What is deliberate act?

To act with a particular intent, which is derived from a careful consideration of factors that influence the choice to be made. A deliberate person does not act rashly or suddenly but with a preconceived intention. Deliberate is synonymous with premeditated.

What does the deliberative process privilege protect you from?

The deliberative process privilege protects certain predecisional, internal agency information, such as recommendations and analysis, from disclosure during litigation.

Why does the EEOC assert the deliberative process privilege?

The EEOC typically asserts the deliberative process privilege in litigation in order to protect the confidentiality of internal, deliberative material, such as documents containing the analyses, opinions, or recommendations of enforcement unit staff, and attorney memoranda containing analysis or recommendations.

Can a general counsel assert the deliberative process privilege?

Attorneys in the Office of General Counsel (OGC) may assert the deliberative process privilege at depositions or in discovery responses without obtaining prior permission from headquarters. From a practice standpoint, making the initial claim is treated no differently than asserting the attorney-client or attorney work product privileges. 4.

Can a government agency withhold information under the deliberative process?

This provision states that an agency can withhold information under the deliberative process privilege, as well as the other discretionary exemptions, only if the agency can “reasonably foresee that disclosure would harm an interest protected by the exemption.”