With the soaring popularity of camera cellphones, the Bermuda Government is considering drafting legislation to deal with the potential threat of voyeurism.

The tiny camera phones make it easy for would-be voyeurs to photograph or even briefly film others and there are fears they could be used in common washrooms or locker rooms without the knowledge of those being photographed.

Government is in the process of writing the Data Protection Act. Government technology consultant Nigel Hickson told thatprotecting against cellphone voyeurism may be something that needs to be included in it.

But stakeholders said this week the technology could fast outstrip any legislation and pointed out the positive uses of camera phones as well.

A bill has been placed before the US Congress making it illegal to videotape, photograph, film, broadcast or record a naked person, or someone in underwear, anywhere where ?a reasonable person would believe that he or she could disrobe in privacy?. The bill would also make it illegal to sneak photos of a person?s ?private parts? where ?their private parts would not be visible to the public, regardless of whether that person is in a public or private area?.

If passed, those convicted under the law could face a fine and as much as a year in jail.

Cellular One marketing manager John Narraway said camera phones numbering in the thousands are already in Bermuda. Cellular One has also just introduced features allowing users to send pictures from their phones to e-mail addresses or other phones.

Previously, camera phones in Bermuda had the capability to take a picture but not to send it directly from the phone.

Mr. Narraway said that while the US and the UK may be looking at legislating camera phone use, countries like Japan and Korea have not bothered.

?There are 30 million cellphone users in Japan,? he said. ?It?s impossible to keep up. Users have to come up with their own rules.?

The legislation appears pre-emptive right now, he said, and it may prove fruitless. ?By the time the legislation is passed, the technology will already have moved on.?

Even if legislation is passed against camera phones, there are other devices to use, he said. Digital cameras are becoming increasingly inconspicuous and video phones are already hitting the market. ?The reality is, technology drives consumer behaviour, and consumer behaviour drives technology,? Mr. Narraway said. ?It makes a lot of political sense (to pass legislation targeting the issue) because people get concerned over privacy.?

Society can self-regulate, he argued, for example by following the lead of the UK and banning camera phones in nightclubs or locker rooms.

?In Bermuda, until something happens, it?s way too early,? he said. ?This is still brand new.?

And, 99 percent of the time, camera phones are positive, he added.

?It?s opening up communication to a different level ? especially in Bermuda, where we have friends and family elsewhere that can now share our lives that much (more easily).?

Mobility Ltd. market development director Scott Allen noted how accessible camera phones are today.

?A year ago camera phones might cost $500,? he said. ?Now cameras are being built on phones retailing in the $200 range.

?Like most things in life, the use of camera phones can be a positive enhancement in that they can be used for great personal enjoyment. Just imagine being able to capture that unexpected ?Kodak moment? with your child by using your cellphone.

?I suppose there will always be an element in society which will take anything positive and misuse it. Again, this is like most things in life.?

But Mr. Hickson said Government is taking the issue seriously.

?It?s been an issue elsewhere and, as camera phones become more predominant, it will become an issue here. It?s something the Telecommunications Commission will probably have to look at.?

As for any type of legislation targeting the issue, however, he said it was early days yet.

?We do have the Obscene Publications Act which makes it an offence to publish indecent pictures,? he said. ?(If anyone published such photos) we?d be down on them like a ton of bricks.?

?But if people are just taking a picture and showing it to their friends, there?s nothing we can really do.?

The Data Protection Act, which is being drafted, may have to consider it, he said: ?We may look to see if it is appropriate.

?This is a difficult area. On one hand we don?t want to impinge upon the technology or people being able to just take pictures. But we would want to stop any inappropriate voyeurism.?

Mr. Hickson also cited the positive influences camera phones can have on society ? in particular when people go shopping for others. ?You can take a picture of it and send it to make sure it?s what they want,? he said. ?They?re remarkably useful.

?But seriously, it is an issue we are aware of and we will certainly be looking at developing ways to address it.?