The Royal Malaysia Police (PDRM) and the Human Rights Commission of Malaysia (Suhakam) are planning discussions about police authority to check public mobile phones, following recent debate over the scope and limits of such inspections. The talks come as Malaysia continues expanding its digital identity infrastructure, including the recent launch of new mobile authentication solutions aimed at enhancing digital security.
Inspector-General of Police Tan Sri Razarudin Husain has stated that police possess the authority to check mobile phones when there is suspicion or credible information about a person potentially involved in criminal activity. Home Minister Datuk Seri Saifuddin Nasution Ismail has requested that the Inspector-General provide a clear explanation of this authority from a law enforcement perspective.
The legal framework for mobile phone inspections stems from Section 23(1) of the Criminal Procedure Code, which addresses communications containing obscene, offensive, threatening, or harmful content. Section 233 of the Communications and Multimedia Act (CMA) 1998 provides additional provisions for digital communications regulation. The regulations have become increasingly relevant as Malaysia continues to develop its digital identity ecosystem, including new cross-border verification systems and authentication protocols.
According to Section 116B of the Criminal Procedure Code, only police officers ranked inspector or higher may access mobile devices during legal searches, and only as part of ongoing investigations where reasonable cause exists to believe an offense has been or is being committed.
Suhakam has issued guidance to the public regarding their fundamental rights during police interactions. The commission recommends that individuals document any mobile device searches conducted without reasonable cause, including recording the location, examining officer’s details, and filing reports through appropriate channels. The guidance emerges amid broader discussions about digital privacy and identity verification in Malaysia, particularly as the country explores new technologies for secure authentication and identification.
Dave Avran, founder of Malaysians Against Rape, Assault and Snatch Theft (Marah), has called for establishment of clear guidelines and oversight mechanisms for phone inspections. Alliance For a Safe Community chairman Tan Sri Lee Lam Thye has emphasized the importance of maintaining balance between investigative needs and privacy rights, particularly as Malaysia continues to advance its digital identity infrastructure and mobile authentication capabilities.
Sources: The Star, Bernama, Malay Mail, The Vibes, The Star
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