NOBODY will be prosecuted over the leaking of CCTV footage that showed former health secretary Matt Hancock kissing his aide while coronavirus social distancing guidelines were in place.

The Information Commissioner’s Office (ICO) said it has found “insufficient evidence” to prosecute two people suspected of unlawfully obtaining and disclosing the footage from the Department of Health and Social Care (DHSC), which ultimately led to Mr Hancock’s resignation from the Cabinet in June last year.

The ICO said it launched a criminal investigation after it received a report of a personal data breach from the DHSC’s CCTV operator, EMCOR Group plc.

“Forensic analysis revealed that the leaked images were most likely obtained by someone recording the CCTV footage screens with a mobile phone,” the regulator said in a statement.

The ICO said that six mobile phones seized during searches did not contain any 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,” it said.