Cops cannot randomly check people's phones - DAP MP

Summary

• DAP MP Lim Lip Eng says police can only check someone’s mobile phone if there is an ongoing investigation or a police report lodged against that particular individual, as confirmed in a parliamentary reply on July 28, 2022.

• The DAP lawmaker was responding to IGP Razarudin Husain’s statement that officers ranked inspector or higher are authorised to check a person’s phone if there is suspicion or information suggesting criminal activity.

• Lawyers for Liberty also urges the police to educate the public and its personnel on the conditions attached to the said matter.

The police can only conduct random checks on people’s mobile phones if there is an ongoing investigation or a police report lodged against that particular individual, said DAP MP Lim Lip Eng.

He said this after Inspector-General of Police Razarudin Husain said the police, ranked inspector or higher, have the authority to check a person’s phone if there is suspicion or information suggesting they have committed a crime.

“According to a parliamentary reply dated July 28, 2022, it is clearly stated that the police can only check or seize a person’s mobile phone if the individual is suspected of being involved in an ongoing criminal investigation.

“This means that the police cannot conduct checks on someone's mobile phone at random,” he said in a statement today.

On Jan 14, Razarudin said the police have powers to do so under Section 23 (1) of the Criminal Procedure Code, to ensure the absence of obscene or offensive content and threatening communication.

He said it is also based on provisions under Section 233 of the Communications and Multimedia Act (CMA) 1998.

However, Lawyers for Liberty dismissed Razarudin’s statement, saying none of the laws mentioned by the latter empowers the police to do so.

“These sections do not authorise the police to check the mobile phones of whomever they please at roadblocks or elsewhere. Routine checks of mobile phones are prohibited by law,” its public defence coordinator Yu Ying Ying was reported as saying.

Educate the public, personnel

On that note, Lim urged Razarudin to educate his personnel on the conditions attached to mobile phone checks to ensure there is no abuse of power - including the provision where only those ranked inspector or higher could do so.

“We must prevent bad apples from tarnishing the force’s good name.

“Besides, don’t we all want a transparent, professional, and respected police force?” the Kepong MP asked.

Offering solutions, Lim urged the police to disseminate the message using all communication channels, government-owned and private.

“Plus, the message must be displayed clearly on the police’s official social media platforms.

“We must also erect large notice boards about it on all police stations nationwide to raise awareness of the public,” he added.

Police can use private vehicles to enforce law, court hears

Cops to record Khairy's statement on royal addendum remarks

Senior broadcasting executive remanded in money laundering probe

'Becoming Hannah' - 182 police reports, 59 statements recorded

Scammers spoof Port Dickson police hotline

Cops to probe pro-Najib gathering in Putrajaya