KUALA LUMPUR, Jan 14 (Bernama) -- 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.
“We could also implement a mandatory warrant requirement for accessing phone data. We could also establish an independent mechanism to oversee police access to private data for an extra layer of accountability and transparency.
“Some European countries have clear and precise laws that require a warrant and suspicion of criminal activity before police can access mobile phone data. We could study their methods but it is also true that some other countries have gone the other way,” he said in a statement today.
Therefore, Lee said Malaysia must study the pros and cons and adopt measures that fit in with the national aspirations, challenges and future direction.
Inspector-General of Police Tan Sri Razarudin Husain on Monday reportedly said 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.
In this context, Lee said Razarudin has given some guidelines as to the circumstances under which a police officer can check an individual’s mobile phone and has given an assurance that there will be a right balance between investigating a crime and protecting the right of the public to privacy.
“He has sighted the Criminal Procedure Code, the Open Gaming House Act 1953, the Police Act and the Communications and Multimedia Act as examples of the statutes that give law enforcers the duty and the power to investigate criminal activity.
“But, as always, some lacuna 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,” he said.
Lee added the loopholes need to be plugged in by strengthening legal frameworks, promoting public awareness and addressing specific concerns as a means to further create a system that protects both the public and individual liberties.
He said this involves collaboration efforts involving the government, law enforcement, legal experts and non-profit organisations (NGOs).
-- BERNAMA
