The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

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). 

The leaked CCTV images showed the former Secretary of State for Health and Social Care, Matthew Hancock MP, and his former aide, Gina Coladangelo. 

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

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.