KUALA LUMPUR: Striking a balance between law enforcement and individual privacy, particularly in the context of mobile phone checks, presents a complex challenge that must be addressed, says Tan Sri Lee Lam Thye.
The Alliance For a Safe Community chairman highlighted the need to strengthen legal frameworks to address existing loopholes.
"The authorities should also promote public awareness and address specific concerns as a means to further create a system that protects both the public and individual liberties.
"This involves collaborative efforts among the government, law enforcement, legal experts, and NGOs," he said when contacted on Wednesday (Jan 15).
Lee was commenting on The Star's front page report, which highlighted the police's rights within existing laws to check mobile phones.
"It may be necessary to review some existing laws like the Communications and Multimedia Act to provide clear and specific guidelines for police access to private mobile phone data.
"This includes defining the types of offences that warrant such access, the specific procedures to be followed, and the level of judicial oversight required.
"Implementing a mandatory warrant requirement for accessing phone data could be a way forward as well," he suggested.
Lee also advocated for establishing 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.
"We must therefore study the pros and cons and adopt measures that fit in with our national aspirations, challenges, and our future direction," he said.
Lee commended Inspector-General of Police Tan Sri Razarudin Husain for providing guidelines on the circumstances under which a police officer can check an individual’s mobile phone.
"He has assured a right balance between investigating a crime and protecting the public's right to privacy.
"He also cited the Criminal Procedure Code, the Open Gaming House Act 1953, the Police Act, and the Communications and Multimedia Act 1998 as examples of statutes that empower law enforcers to investigate criminal activity," he noted.
