PETALING JAYA: Home Minister Datuk Seri Saifuddin Nasution Ismail clarified that police officers require valid legal grounds to check individuals’ mobile phones, addressing recent controversy over the scope of police powers.
This statement followed Inspector General of Police Tan Sri Razarudin Hussin’s claim that officers ranked inspector and above can check mobile phones under the Criminal Procedure Code and Communications and Multimedia Act 1998 if they suspect criminal activity.
“It’s not about any Tom, Dick and Harry being asked to hand over their phone. Police must have a clear basis, such as intelligence suggesting involvement in criminal activities,“ he said, as quoted by Free Malaysia Today.
Rights group Lawyers for Liberty criticised Razarudin’s claim, calling it “legally untenable” and asserting that phone checks are only permissible during active investigations or searches.
The Human Rights Commission of Malaysia (Suhakam) also raised concerns, urging the government to clarify the issue and warning against arbitrary inspections of personal devices.
In response, Saifuddin said he would arrange for Razarudin to meet with Suhakam to outline the boundaries of police authority.
“It is important for Suhakam to understand the scope of what the police can and cannot do, and to help educate the public on this matter,“ he said.
Saifuddin stated that there must be a delicate balance between ensuring national security and protecting civil liberties, particularly in terrorism-related cases.
“Intelligence might suggest someone poses a security risk, but current laws do not allow device checks without specific provisions. Actions must be based on intelligence and legal grounds,“ he explained.
The minister encouraged the public to lodge police reports if they encounter unauthorised phone checks.
“The police receive 395,000 reports monthly. There is nothing stopping the public from reporting misconduct,“ he added.
