KUALA LUMPUR: The police have the right to check an individual’s mobile phone should there be a police report lodged against that person, an investigation on the individual, or if they suspect the individual is involved in a crime.
Inspector-General of Police Tan Sri Razarudin Husain said this is in accordance with Section 3(3) of the Police Act, which outlines the role and responsibilities of the police.
“Furthermore, the police have the right to check a person’s mobile phone if they suspect the individual or have received information indicating that the person may have committed an offence, as outlined in Section 23(1) of the Criminal Procedure Code (CPC),” said Razarudin.
He was responding to a recent viral video in which a man complained about the frequency of mobile phone checks by the police.
Razarudin explained that the police are also permitted to check a mobile phone to ensure there is no lewd or threatening content on the device.
“Section 249 of the Communication and Multimedia Act 1998 gives the authorities access to computerised data, including a mobile phone.
“Section 116B of the CPC grants the authorities access to a mobile phone, classified as computerised data, when checking a person who is suspected of committing a crime.
“However, such authority is given to police officers with the rank of Inspector and above,” he said.
Under Section 20(g) of the Police Act, Razarudin said it gives police officers the authority to compel an individual to provide information when asked.
“Therefore, no one can question the police’s authority to check a mobile phone during roadblocks.
“However, these checks must be conducted respectfully and in accordance with existing laws. They should not be carried out randomly or without reasonable cause,” he added.
The IGP said Section 292 of the Penal Code could be used to inspect mobile phones if a person is found with lewd and obscene materials.
“It is an offence that enables an arrest without a warrant.
“Having an online gambling application on a mobile phone is also an offence that enables an arrest to be made without a warrant under the Open Gaming House Act 1953,” he said.
“Checks without a warrant can be conducted if an officer has reason to believe that delaying the search to obtain a warrant could compromise the investigation, such as destruction of evidence.
“In such cases, the police may seize the mobile phone first and inspect it later.
“Refusing to cooperate could result in detention for obstructing the police.”
He also said the act of taking and inspecting a mobile phone belonging to members of the public must be based on a relevant investigation or if the police officer suspects that the individual has committed an offence.
“If the police ask for your mobile phone, you have the right to ask why they are requesting it and under what law you are being investigated.
“It’s also advisable for the phone’s owner to be present when the device is being taken, unless the individual is being detained and the phone is seized,” he added.The IGP also advised the public to file a complaint or a police report if they are the subject of random checks without reasonable grounds.
“We don’t want the public to be subjected to unreasonable checks without any basis or grounds.
“If they encounter such incidents, report it immediately,” Razarudin added.
