You bumped a five year old thread about something totally unrelated to ask that?
To answer your question, I've never heard of malware or apps on a non-jailbroken touch where that can occur against your wishes. No one's spying on you, and no, you can't spy on someone else.
If someone has access to your Touch they could install an app like Prey. http://www.appshopper.com/utilities/prey-anti-theft Prey can take pictures from the front camera without you knowing about it and send them out. It doesn't require jailbreaking.