Former DAP MP Lee Lam Thye said these guidelines should clearly stipulate the types of offences that warranted police access to a person’s mobile phone, the specific procedures this should entail, and judicial oversight.

Lee said it was crucial to plug any loopholes in existing legal provisions to prevent abuse of power by policemen, Bernama reported.

“We could make it mandatory for a warrant to be issued to access one’s 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.

“It is also true that some other countries have gone the other way,” he was quoted as saying.

Yesterday, Inspector-General of Police Razarudin Husain said the police were authorised to check a person’s mobile phone if there was suspicion or information suggesting that the individual had committed a crime.

Razarudin said the Criminal Procedure Code and Communications and Multimedia Act gave police the authority to check a person’s mobile phone.

However, only police officers with a rank of inspector or higher are authorised to do so.

Lee said there was always the possibility of gaps in these provisions that could be abused, reiterating the importance of balancing law enforcement and ensuring a person’s privacy.