PDRM Can Access Your Private Mobile Phone Data If You're Suspected Of Crime

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According to Inspector-General of Police Tan Sri Razarudin Husain, the police can check mobile phones when there is suspicion or information suggesting involvement in criminal activity.

This authority, he stated, is rooted in various laws, including the Section 23 (1) of the Criminal Procedure Code and the Communications and Multimedia Act (CMA) 1998, reported Bernama.

"Section 249 of the CMA 1998 authorises access to computerised data, including mobile phones, while Section 116B of the Criminal Procedure Code grants access to mobile phones, which are regarded as computerised data, when a person is suspected of committing a crime," Razarudin was quoted as saying.

Razarudin said online gambling applications can result in arrests without a warrant under existing statutes like the Penal Code and the Open Gambling Houses Act 1953.

Those with obscene or offensive content in their smartphone may land in trouble as well.

Razarudin emphasised that such checks must be justified, prudent, and lawful, ensuring no arbitrary actions.  

He suggested Malaysia could benefit from adopting stricter measures akin to those in some European countries, where judicial oversight and warrants are mandatory.

Such a framework could address potential abuses and foster public trust, he said.

"But, as always, some lacunas could exist — a gap in the legal system that leaves a situation without a specific law or regulation. Striking a balance between law enforcement and individual privacy is a complex challenge. For one, there could be the potential for abuse of power," Lee said, according to Bernama.

Lee suggested strengthening the legal framework, enhancing public awareness, and fostering collaboration between stakeholders. These, he said, are essential steps to ensure privacy rights are respected while enabling effective law enforcement.