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.