PUTRAJAYA, Jan 19 — Home Minister Datuk Seri Saifuddin Nasution Ismail today said he has advised the Inspector-General of Police (IGP) to meet with the Human Rights Commission of Malaysia (Suhakam) to discuss police authority to examine mobile phones of individuals suspected of criminal activity.
At a press conference ahead of the Asia International Security Summit & Expo 2025 (AISSE’25) here, Saifuddin said the meeting would help bridge understanding between police operations and human rights considerations.
“Let us be objective and fair. On this matter, firstly, I have asked the IGP to meet with Suhakam to exchange views for a more accurate perspective on how this issue can be addressed, as our country's largest law enforcement team.
“Let Suhakam also understand the matter from the context of the police. There are many perspectives on this. For example, from a security standpoint, the police cannot check when a suspect has terrorism information. Our intelligence suggests this person may have some information. What do we do if the law does not allow us to check the device? Put yourself in the police’s position — what do we do?
“Let us be fair. Suhakam addresses the issue from an angle of basic rights and has welcomed the public to report any violations. That is why I said, for matters like this, as per my advice, the wisest way is to have the IGP sit and discuss. Explain first, and I am confident Suhakam can help educate the public,” he said.
Saifuddin also advised the public to lodge police reports if their phones were checked without justification, stressing that police officers do not have the authority to randomly demand access to mobile devices.
Last week, Razarudin was reported saying that the police have the authority to check a person’s mobile phone if there is suspicion or information suggesting they have committed a crime.
The statement, however, caused concerns, leading Suhakam to urge the government to clarify Razarudin’s statement, raising fears of possible human rights violations.
Bernama reported him as saying this is stipulated under Section 23(1) of the Criminal Procedure Code (CPC) 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, Razarudin said only police officers with the rank of inspector or higher are authorised to conduct checks on mobile phones.
He was reportedly commenting in response to a viral video showing an individual questioning the police’s actions in arresting a person and checking their mobile phone, adding that Section 20(g) of the Police Act authorises police officers to require a person to display information upon request.
He had said that Section 292 of the Penal Code can be used when checking mobile phones. If obscene materials are found during the inspection, it constitutes an offence that could lead to an arrest without a warrant.
According to Razarudin, officers may conduct warrantless searches if there are reasonable grounds to believe obtaining a warrant could compromise an investigation, particularly when evidence might be destroyed or tampered with.
He also clarified that police authority to examine mobile phones is limited to specific circumstances: when a police report has been filed against the owner, when they are under active investigation, or when there are reasonable grounds to suspect criminal activity.
In its statement, however, Suhakam emphasised that under Section 116B of the CPC, only police officers ranked inspector or above are authorised to access mobile or other digital devices, subject to a legal search as part of an ongoing investigation where police have reasonable cause to believe an offence has been or is being committed.
The human rights watchdog said Sections 247 and 248 of the CMA similarly require that the search and seizure of digital devices must be conducted in connection with an ongoing investigation, with reasonable cause to believe an offence has been committed.
Suhakam emphasised that mobile phone inspections at police roadblocks must not be conducted arbitrarily. The commission also advised those who experience unwarranted searches to document the incident location, record the examining officer’s name and identification number, and file reports with both the police and Suhakam’s complaints system.
