Self-Critical-Analysis Privilege

Definition

Also referred to as the self-evaluative privilege or peer-review privilege, privilege that protects an organization’s internal deliberative and evaluative materials from disclosure in legal proceedings. Courts that have recognized the privilege apply it when information results from an organization’s critical self-analysis, the public has a strong interest in preserving the free flow of this type of information, the free flow of information would be curtailed if discovery were permitted, and the material sought to be protected was prepared with the expectation of confidentiality and has remained confidential. The states have codified the privilege for medical peer reviews.