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Public Interest Privilege (Protecting Government Documents from Disclosure) Explained

In determining Supreme Court erred when it ordered the county to produce documents sought during discovery without reviewing them to determine the applicability of the asserted public interest privilege, the Second Department wrote:

CPLR 3101(a) broadly mandates “full disclosure of all matter material and necessary in the prosecution or defense of an action.” This provision is to be liberally interpreted in favor of disclosure … . Nonetheless, a party from whom disclosure is sought may seek to prevent disclosure by properly invoking a recognized privilege. “A party asserting that material sought in disclosure is privileged bears the burden of demonstrating that the material it seeks to withhold is immune from discovery” … .”A public interest privilege inheres in certain official confidential information in the care and custody of governmental entities” … . “This privilege permits appropriate parties to protect information from ordinary disclosure, as an exception to liberal discovery rubrics” … . “Specifically, the privilege envelops confidential communications between public officers, and to public officers, in the performance of their duties, where the public interest requires that such confidential communications or the sources should not be divulged” … “The justification for the privilege is that the public interest might otherwise be harmed if extremely sensitive material were to lose this special shield of confidentiality”… . Ren Zheng Zheng v Bermeo, 2014 NY Slip Op 00979, 2nd Dept 2-13-14

 

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