KUALA LUMPUR, Feb 18 – Members of the public can lodge complaints with the Independent Police Conduct Commission (IPCC) if they believe their mobile phones have been searched unlawfully by police officers, the Home Ministry said.

In a written response to Kepong MP Lim Lip Eng, the ministry stressed that police officers ranked Inspector and above are only authorised to inspect mobile phones under reasonable suspicion and in accordance with existing laws.

“To prevent abuse of power and ensure individual rights are not violated, the government has established the IPCC, allowing individuals to report any misconduct by police officers,” it said.

The police does not conduct arbitrary phone inspections during roadblocks unless there is reasonable suspicion that an individual is involved in a crime, it added.

The ministry also cited legal provisions governing phone inspections, including Section 116B of the Criminal Procedure Code, which grants officers access to computerised data during searches, as well as:

• Section 20(g) of the Police Act 1967, which requires individuals to provide information to police officers;
• Section 23(1) of the Criminal Procedure Code, which grants police the authority to arrest individuals without a warrant;
• Section 233 of the Communications and Multimedia Act 1998, which addresses the misuse of network services;
• Section 249 of the Communications and Multimedia Act 1998, which permits access to computerised data; and
• Section 292 of the Penal Code, which criminalises the possession of obscene materials.

The ministry emphasised that inspections must be justified by intelligence, surveillance, or reasonable suspicion of criminal activity and urged individuals to report any suspected misuse of power to the IPCC.

Yesterday, it was announced that the Investigation and Complaints Management System (SPEAKS) developed by the IPCC is expected to be launched next month to replace the existing complaints system which is more conventional.

Home Minister Datuk Seri Saifuddin Nasution Ismail said the new system will make it easier for the public to submit complaints, including displaying real-time updates on the status of the complaint, compared to the previous method of emailing, physically attending and sending letters.