Does the common law official information privilege apply to the federal government?

MultiRegion, United States of America

The following excerpt is from Harper v. Blazo, Case No. 1:17-cv-01717-LJO-EPG (PC) (E.D. Cal. 2019):

As Defendant himself cites, the federal common law official information privilege is a qualified privilege that balances the interests of the litigant in the case versus the disadvantages to the government. See Sanchez v. City of Santa Ana, 936 F.2d 1027, 1033-34 (9th Cir. 1990), as amended on denial of reh'g (Feb. 27, 1991), as amended on denial of reh'g (May 24, 1991) ("Government personnel files are considered official information. To determine whether the information sought is privileged, courts must weigh the potential benefits of disclosure against the potential disadvantages. If the latter is greater, the privilege bars discovery.") (internal citations omitted); Kerr v. United States Dist. Ct. for the N. Dist. of Cal., 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976) (the "common law governmental privilege (encompassing and referred to sometimes as the official or state secret privilege) . . . is only a qualified privilege, contingent upon the competing interests of the requesting litigant and subject to disclosure. . . ." ).

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