The Decryption Order and the privilege against self-incrimination

The Decryption Order and the privilege against self-incrimination

Do developments since 2000 suggest a need to force suspects to decrypt? (full text available only in Dutch)

Summary

A study carried out in 2000 concluded that it is a major breach of the privilege to compel suspects to decrypt their data and that this could not be justified in the interest of criminal investigation. However, since 2000 there have been new developments in the field of technology and case-law on the privilege against self-incrimination. Following the Amsterdam child-abuse case involving Robert M., the Dutch Second Chamber also raised the question whether a decryption order should be newly introduced for suspects. The main question investigated in this report is: to what degree can a decryption order (an order enforcing co-operation to access protected data) be considered compatible with the privilege against self-incrimination?

Publication data

Author(s):
Koops, B.J.
Organization(s):
Tilburg University - TILT Faculty of Law, WODC
Place of publication:
The Hague
Publisher:
Boom Lemma
Year of publication:
2012
ISBN:
978-90-5931-934-9
Series:
Onderzoek en beleid 305

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