More than 18 million camera phones were sold worldwide in 2002, according to figures released by research firm Strategy Analytics.
Of these, 8.4 million were sold in the fourth quarter of last year, compared to 5.2 million in the third quarter: an increase of 62%. The firm claims that camera phone sales, which have already outpaced the sales of popular PDAs, are expected to increase further still.
The market penetration of camera phones is greatest in Asia, with Japan and South Korea accounting for over 80% of global sales in the fourth quarter of 2002. Western Europe constituted 13% of the global camera phone market, whilst both North and South America claimed 2.3% of sales in the same period.
Although the quality of pictures taken by such phones is still poor, the legal implications arising from the abuse of the technology are becoming obvious. Due to their size and ease of use, camera phones can go unnoticed in places where conventional cameras are not allowed, such as locker rooms, courtrooms or art museums.
At the same time, indiscreet photographs taken by such phones, without the subject's knowledge or consent, have started appearing on various web sites.
It is expected that future camera phones, including video or even features allowing photos to be taken and sent automatically, will have yet further legal implications.
According to reports, the use of camera phones has become so ubiquitous in Hong Kong that gyms have expressly prohibited the use of cell phones with inbuilt cameras in locker rooms.
Furthermore various businesses and public authorities in Japan, Singapore and China have reportedly banned the use of these phones in places such as public swimming pools, schools and government buildings. Saudi Arabia has taken a more radical approach, with the government banning the use of camera phones altogether.
In Europe, on the other hand, camera phones are not yet widely used, mainly because many picture messages cannot be sent from one network to another and countries are just starting to assess the legal implications.
In Italy, the government's delegate for privacy is currently drafting a recommendation specifically referring to the use of camera phones, according to Time.com.
In the UK, concerns have been expressed as to whether current laws provide effective remedies against privacy-intrusive use of camera phones.
The UK's Data Protection Act 1998 provides that "personal data processed by an individual only for the purposes of that individual's personal, family or household affairs (including recreational purposes) are exempt from the data protection principles." The Act also contains a widely-defined exemption regarding data processed for journalistic purposes.
Dr. Chris Pounder of Masons, the international law firm behind OUT-LAW.COM said:
"The Data Protection Act 1998 does not afford privacy protection in many situations as there is an exemption for the processing of personal data for recreational and domestic purposes, for example, if I were a member of a private gym and took a digital photograph of a celebrity working-out and transmitted it to friends via the phone."
He continued that "even action in terms of confidentiality seems doomed, as the individual who takes the photograph does not have an obligation of confidence to the subject of the photograph".
Dr. Pounder added:
"The ubiquitous nature of mobile phones will eventually mean that digital cameras will be everywhere and this could further highlight the need for an effective right to privacy in the UK."
"Given the wide exemption in the Act for journalistic purposes", Dr. Pounder concluded, "it's rather like everyone with a mobile phone becoming a member of the paparazzi".
The Data Protection Act 1998 is available at:
www.hmso.gov.uk/acts/acts1998/19980029.htm