The Royal Malaysia Police (PDRM) has the authority to inspect mobile phones if there is reasonable suspicion that the phone owner is involved in criminal activity, according to Inspector-General of Police Tan Sri Razarudin Husain.
Razarudin stated that this power is grounded in Malaysian law, including Section 23(1) of the Criminal Procedure Code and the Communications and Multimedia Act (CMA) 1998.
“Section 249 of the CMA 1998 allows access to computerised data, which includes mobile phones, while Section 116B of the Criminal Procedure Code provides similar access for cases where a person is suspected of committing a crime,” Razarudin said, as reported by Bernama.
Only Inspectors and Higher-Ranking Officers Hold This Authority
Razarudin clarified that only police officers ranked Inspector or higher are authorised to conduct such inspections. He added that online gambling apps, obscene content, or offensive materials on a phone could lead to arrest under laws like the Penal Code and the Open Gambling Houses Act 1953.
However, he stressed that these checks must be justified, lawful, and executed with prudence to prevent misuse of power.
Call for Clearer Guidelines and Judicial Oversight
Following the Inspector-General's statement, Alliance for a Safe Community chairman Tan Sri Lee Lam Thye urged the establishment of clearer guidelines to prevent potential abuse of this authority.
Lee suggested Malaysia could consider adopting stricter measures similar to those in some European nations, where phone inspections require judicial oversight or warrants.
“While the current laws allow such checks, there is always the risk of abuse of power,” Lee said, as quoted by Bernama. “Strengthening the legal framework, increasing public awareness, and fostering collaboration between stakeholders are critical to maintaining a balance between effective law enforcement and the protection of privacy rights.”
Lee concluded that addressing gaps in the legal system, or “lacunas,” would help ensure public trust while enabling authorities to perform their duties effectively and lawfully.
Source: BERNAMA