Authorities may be allowed to tap phone lines
(fz.com) – The government will work together with telecommunication companies (telcos) to lawfully intercept telephone conversations of felonies and criminals on bail, or any conversations, carried out through telecommunication channel.
Quoting a source, a Sin Chew Daily report said this is permissible under four laws in the country.
The Dangerous Drug Act 1952, Security Offences (Special Measure) Act 2012 and Malaysian Anti-Corruption Commission (MACC) Act 2009 empower the authority to search, confiscate or intercept conversations of suspects for crime prevention.
While the amendment of Penal Code in 2012 gave power for the court to order an accused to wear electronic monitoring devices while he is on bail.
“The respective authorities, such as MACC or the police, have their own enforcement departments. They will collaborate with the telcos in intercepting telephone conversation of suspects.
“As this involves national security, it needs to be carry out in secret. Therefore, the Malaysian Communication and Multimedia Commission (MCMC) is not involved.
“In certain countries such as the United States, they have enacted a similar law to intercept or wiretap conversations carried out through mail, telegram, telephone or any electronic devices,” said the source.
The source also said apart from wiretapping, the authority is also studying the possibility to let an accused wear devices to monitor his or her whereabouts.
However, in order to do so, the public prosecutor needs to obtain a court order.
MACC deputy commissioner Datuk Mohd Shukri Abdul told the daily Section 42 of the MACC Act provides for the MACC to intercept or open any mails to obtain information for purpose of investigations.
However, Minister in the Prime Minister’s Department Nancy Shukri said the authority is still studying on how to make an accused person out on bail wear an electronic monitoring device.
She said the government may refer to the methods used in Singapore and United States, adding she believes Malaysia can implement it without infringing upon human rights.
