Kuala Lumpur: Certain existing laws, such as the Communications and Multimedia Act 1998, may need to be reviewed to provide clear and specific guidelines for police access to private mobile phone data. Alliance For A Safe Community chairman Tan Sri Lee Lam Thye said this includes defining the types of offences that warrant such access, the specific procedures to be followed, and the level of judicial oversight required.
According to BERNAMA News Agency, Lee suggested implementing a mandatory warrant requirement for accessing phone data and establishing an independent mechanism to oversee police access to private data for an extra layer of accountability and transparency. He noted that some European countries have laws requiring a warrant and suspicion of criminal activity before police can access mobile phone data. Malaysia could study these methods, but Lee acknowledged that some countries have taken different approaches.
Lee emphasized that Malaysia must weigh the pros and cons and adopt measures that align with national aspirations, challenges, and future direction. Recently, Inspector-General of Police Tan Sri Razarudin Husain mentioned that police have the authority to check a person's mobile phone if there is suspicion or information suggesting criminal activity. Lee stated that Razarudin has outlined guidelines for when police officers can check mobile phones, balancing crime investigation with public privacy rights.
Lee pointed out that existing statutes such as the Criminal Procedure Code, the Open Gaming House Act 1953, the Police Act, and the Communications and Multimedia Act empower law enforcers to investigate criminal activity. However, he warned of potential gaps in the legal system and the risk of power abuse. Lee advocated for strengthening legal frameworks, promoting public awareness, and addressing specific concerns to create a system that protects public and individual liberties.
He highlighted the need for collaboration among the government, law enforcement, legal experts, and non-profit organizations to achieve these objectives.