KUALA LUMPUR — The public must be clearly informed that only police officers with the rank of inspector and above can conduct mobile phone checks, Kepong MP Lim Lip Eng said.
This recent statement by Inspector-General of Police Tan Sri Razarudin Husain should be communicated widelythro ugh government as well as private media channels, Lim, a lawyer, said.
“This is important to inform the public that low-ranking police officers do not have the power to inspect phones belonging to the public,” said the DAP lawmaker in a statement, adding police should also use its official social media platforms as well as display notices at all police stations nationwide.
Lim also reminded police that they should not randomly inspect the phones of any individual unless police reports have been filed against the person, or the person is part of a police investigation.
He said he had raised the question about police’s powers to check people’s mobile phones at roadblocks or by the roadside in the Dewan Rakyat previously, and cited the parliamentary written reply to his question then.
In the reply dated July 28, 2022, the Home Ministry said police can only conduct such phone inspections on individuals who are suspected of having committed crimes under the Penal Code, Communications and Multimedia Act, Sedition Act 1948, Security Offences (Special Measures) Act 2012, Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and Prevention of Terrorism Act 2015.
As such, Lim said police must adhere to these rules to avoid any abuse of power that could tarnish the force’s image and reputation.
“I am sure we want a police force that is transparent, professional and respected by the public right?’’
Lim’s statement follows Razarudin’s remarks on Monday that police are authorised to check a person’s mobile phone if there is suspicion or information suggesting that the person in possession of the phone has committed a crime.
Razarudin was reported saying “no party can question the authority to check mobile phones during roadblocks, but it must be carried out prudently and in line with existing legal provisions”.
The top cop also said only police officers with a rank of inspector or higher are authorised to do so.
He made the statement in response to a recent viral video showing an individual questioning the police for arresting a person and checking his mobile phone.
Razarudin’s response was criticised by Lawyers for Liberty (LFL) which said police may be encouraged to act unlawfully if “no one can question” their authority on checking phones.
LFL, which listed the various legal provisions on when police can check people’s phones, said none of them support Razarudin’s claim that police have unfettered authority.
The group also said routine phone checks at roadblocks are prohibited by law, and that the public are entitled to refuse demands by police to hand over their phones. – January 18, 2025