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If encrypted information is found in a computer during a house search, the police can order anyone who can reasonably be supposed to know the means of encryption to decrypt the information (article 125k section 2 Dutch Code of Criminal Procedure (DCCP)). {{{The command cannot be given to a suspect, and persons with a right to non-disclosure can refrain from complying (article 125k para. 3 DCCP).}}} (Through an oversight of the legislator, the former provision covering these privileges, art. 125m-old DCCP, was abolished on 1 January 2006 (in the Data Delivery Act, see below) without being replaced, temporarily - and unintentionally - abolishing the privilege against self-incrimination in case of decryption orders for 8 months, until it was repaired by the Computer Crime II Act (Staatsblad 2006, 300), in effect as of 1 September 2006, introducing art. 125k para. 3.)See the part in {{{accolades}}}.
In 2011, however, a discussion on ordering suspects to decrypt resurfaced in Parliament. The Minister of Security and Justice promised to look at the UK legislation and to look into the compatibility with the privilege against self-incrimination (see Letter of 10 June 2011, TK 32500-VI nr. 106, in Dutch). A report commissioned by the Ministry, published in November 2012 (available in Dutch, summary in English), concluded that a decryption order to suspects is not incompatible with the privilege against self-incrimination, provided that the law and practice contain sufficient legal safeguards; the report identified various options in which a decryption order to suspects could be shaped, with varying forms and degrees of sanctioning non-cooperation. It recommended that the decryption order could better be shaped according to the rules for hearing suspects than according to the rules of seizure of objects (as it is currently shaped in the law), but left it open for political decision-making whether or not non-compliance should be sanctioned and if so, what type and degree of sanction should be applied. The Minister has subsequently announced, in a letter of 27 November 2012 (TK 33400-VI, nr. 68, in Dutch) an intention to propose a Bill to introduce a decryption order for suspects in cases of child pornography or terrorist crimes, which can be given only in written form, with authorisation from an investigating judge. Non-cooperation would be sanctioned with a punishment that is "substantially higher than the punishment for not following a lawfully given official order" (which carries up to three months' imprisonment) - the choice for this sanctioning would be motived in the Bill to follow.