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Image source, PA Media
Image caption,Matt Hancock resigned as health secretary following pictures being published of him in an embrace with Gina Coladangelo (left)
Investigators have said there is not enough evidence to prosecute two people suspected of leaking CCTV of Matt Hancock kissing his then aide.
The images led to Mr Hancock resigning as health secretary last year after he admitted breaking Covid-19 rules.
The Information Commissioner's Office (ICO) set up a criminal inquiry after it received a report of a data breach.
But on Wednesday, the ICO closed its probe, citing a lack of evidence.
"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 watchdog said in a statement.
The BBC has requested comment from Mr Hancock.
Mr Hancock, who is married with three children, resigned on 27 June 2021 after the images of him kissing his long-time friend and then aide Gina Coladangelo were published.
The Conservative MP for West Suffolk ended his 15-year marriage to his wife, Martha, and moved in with Ms Coladangelo.
Matt Hancock said he was sorry he let people down after breaking social distancing guidance
The CCTV images were published by the Sun newspaper, which said they had been taken inside the Department of Health and Social Care on 6 May 2021.
The newspaper's editor, Victoria Newton, said an "angry whistleblower" made its news desk aware of the images.
The department of health and its property management firm Emcor made a complaint to the ICO, alleging the CCTV stills had been taken without permission.
"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," the watchdog said.
"Forensic analysis revealed that the leaked images were most likely obtained by someone recording the CCTV footage screens with a mobile phone."
The ICO said six mobile phones seized during searches did not contain any relevant CCTV footage.
"The ICO has therefore closed its criminal investigation," it added.
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