PUTRAJAYA: Home Minister Datuk Seri Saifuddin Nasution Ismail has clarified that police cannot arbitrarily check a person's mobile phone.
"The police force is not an agency that randomly inspects people's mobile phones. That is not true," he told a press conference.
"Of course, there are procedures, guidelines, and laws that provide the police with the legal standing to act in specific situations.
"It is not about randomly stopping someone in public and demanding to inspect their device."
Saifuddin said he has instructed Inspector-General of Police Tan Sri Razarudin Husain to meet with the Human Rights Commission of Malaysia (Suhakam) to address concerns regarding the police's authority to inspect mobile devices.
Yesterday, Suhakam called on the government and police to clarify the matter after Razarudin was reported as saying on Tuesday that police have the authority to examine a person's mobile phone if there is suspicion or evidence suggesting they have committed a crime.
Suhakam also said that members of the public whose mobile devices were searched without reasonable cause should lodge a police report and inform Suhakam of the incident.
He said this authority is permitted under Section 23(1) of the Criminal Procedure Code to ensure there is no obscene, offensive content or threatening communication.
He also cited Section 233 of the Communications and Multimedia Act to support this.
Razarudin, however, stated that only police officers with the rank of inspector or higher are authorised to conduct mobile phone checks.
Saifuddin said the meeting between Razarudin and Suhakam aims to provide a clearer understanding of police powers and responsibilities, particularly in cases involving suspects believed to be engaged in criminal activities, including terrorism.
"We need to address such concerns. That is why I emphasised that discussions must remain focused on ensuring that the police are not perceived as an enforcement agency that disregards legal provisions.
"The police do not simply seize any phone. When a decision is made to inspect, it must be based on a solid foundation," he said during a press conference after visiting the preparations for the Asia International Security Summit and Expo (AISSE) here.
Meanwhile, Saifuddin encouraged individuals who believe their rights have been violated in such matters to file a police report.
"Every month, we receive around 395,000 police reports from the public. If anyone feels their privacy has been violated, they should come forward and lodge a report. Nothing is stopping them from doing so," he said.