Lawyers school IGP for saying police can pry into people's phones, tell govt to speak up

The government has been urged to speak up after Inspector- General of Police, Razarudin Husain, said his men were authorised to check the public's mobile phones, a statement which a lawyers group say is not only "legally untenable, but also poses a threat to civil liberties.

Lawyers for Liberty (LFL) reminded Razarudin that the police should only act within the powers conferred on them by law, adding that the public can refuse to comply with unlawful demands, including the random checking of their electronic devices.

"Otherwise their actions will be unlawful and subject to legal action or a claim in court for damages. The government cannot remain silent and must ensure the police act within the law," said LFL spokesperson Yu Ying Ying.

Razarudin was responding to a viral video criticising the police for checking a person's mobile phone and cited various laws to justify the action.

Citing the Penal Code, Criminal Procedure Code (CPC), Communications and Multimedia Act (CMA) and Police Act, Razarudin said that any officer with the rank of inspector or higher was authorised to inspect a person’s phone if they suspected an offence had been committed, including whether there was "obscene or offensive" content.

However, LFL said none of the provisions cited by Razarudin empower the police to check the mobile phones of "whomever they please at roadblocks or elsewhere".

It said routine checks of mobile phones are illegal, adding that police cannot check the phones of the public "except in the course of an ongoing investigation or search". 

"Checks must be targeted at specific individuals connected or sought for within the ambit of a criminal investigation and there must be reasonable suspicion of their involvement," said Yu.

She said that Section 116B of CPC stipulates that an officer ranked inspector or higher may only access digital devices as part of a legitimate search, adding that this is subject to "reasonable grounds to suspect criminal activity".

"The power is specific and very limited," she added.

She said sections 247 and 248 of CMA allow police to inspect a person’s mobile phone "only during a search and only when there is a reasonable cause to believe" that an offence has been committed.

"Therefore, mobile phone checks by the police unconnected with an ongoing search are not justified."

Meanwhile, Yu said provisions of the Police Act, such as under Section 3(3) and Section 20(3)(g), merely list general duties and responsibilities.

"The powers conferred upon the police under these sections should not be abused or used indiscriminately against the general public," she said.

She said the Penal Code defines the offence and prescribes punishment for possession of obscene material, while CPC outlines circumstances under which police may arrest a person without warrant.

"However, neither Section 292 of the Penal Code nor Section 23(1) of CPC makes any reference to the police’s authority to search an individual’s mobile phone, as wrongly suggested by the IGP."