By Samantha Jones–
The Information Commissioner’s Office (ICO) has said there is not enough evidence to prosecute two people suspected of leaking footage of former health secretary Matt Hancock kissing his then aide in his office in the Department of Health (DHSC).
The footage which was leaked to the Sun and led to Hancock’s resignation, on the grounds that his behaviour was in breach of government social distancing rules was eventually reported to the Information Commission’s Office Hancock subsequently left his wife to continue with relationship with Gina Coladangelo, who had been his adviser.
The ICO launched a criminal investigation after it received a report of a personal data breach from DHSC’s CCTV operator, EMCOR Group plc. Last year two homes in the south of England were raided as part of the investigation.
The ICO said in a statement:
”The Information Commissioner’s Office (ICO) has found insufficient evidence to prosecute two people suspected of unlawfully obtaining and disclosing CCTV footage from the Department for Health and Social Care (DHSC) …
Given the seriousness of the report and the wider implications it potentially had for the security of information across government, the ICO had a legal duty to carry out an impartial assessment of the evidence available to determine if there had been a breach of the law.
Forensic analysis revealed that the leaked images were most likely obtained by someone recording the CCTV footage screens with a mobile phone.
‘Six phones retrieved during the execution of search warrants did not contain the relevant CCTV footage. After taking legal advice, the ICO concluded that there was insufficient evidence to charge anyone with criminal offences under the Data Protection Act 2018. The ICO has therefore closed its criminal investigation.
Hancock’s breach of Covid-19 rules was so bad that some critics believe it was arguably in public interest for the information to be put in the public domain, though perharps not at the expense of breaching data protection rules.
Hancock is listed among those to be fined for breaking lockdown rules, but is yet to be fined .