Photo: MSN.com
Everyone is entitled to privacy (even cheating partners). Tan Sri Musa Hassan spoke up following a recent remark made by a deputy minister in the Dewan Rakyat saying police can carry out random checks on mobile phones.
According to the remark made, inspections were allowed under the Communications and Multimedia Act (CMA) 1998. However, Musa Hassan told Free Malaysia Today that phones can only be checked if the request is tied to an investigation.
“It has to be that there is a police report lodged against a person, and they are investigating that person, or the police suspect someone of being involved in a crime and are investigating him,” he said.
The idea of police being able to peek into anyone’s phone at any time without good reason sounds like a pretty scary (and intrusive) affair, after all.
Based on a report by Free Malaysia Today, Deputy Home Minister Azis Jamman said that police personnel have the right to inspect mobile phones under Section 233 of the CMA so as to ensure there are no obscene/offensive material or contents that pose a threat to the rakyat and the country.
However, Musa Hassan said the mere act of tapping a phone line needs permission from a deputy public prosecutor - which is something that can only be done in light of an investigation. Many of us store personal data like bank account numbers or other passwords on our phones, and Musa Hassan added that no one should have access to that as it is protected by the law.
Free Malaysia Today also reported that lawyer Foong Cheng Leong seconded Musa Hassan’s statement. He also said the Communications and Multimedia Act allowed for searches without warrants BUT (and it’s a big but), that is only the case if the officer has a rank higher than that of inspector and if there was enough reason to believe that the time taken to acquire a search warrant would affect the investigation. He said that in cases like this, police personnel can confiscate the phone first and have the device inspected later. Refusal to cooperate in such cases can result in charges of obstruction.
“A person found guilty is liable to a fine not exceeding RM20,000, imprisonment for a term not exceeding six months or both,” he said.
“If the police call you and ask for your phone, you should ask their grounds for doing so and what law you are being investigated under,” said SUHAKAM commissioner Jerald Joseph.
Never know when this information might come in handy, but the more you know, the better!
By: Celestine Foo
