The probe into leaked CCTV of Matt Hancock snogging his lover has been closed - and no one will be prosecuted.
The Health Secretary resigned after The Sun published bombshell images of him in a steamy clinch with aide Gina Coladangelo in his office - breaching social distancing rules.
It later emerged he split from his wife and entered a relationship with Ms Coladangelo.
The case has been highlighted by critics in recent days after Boris Johnson went a step further, breaking the law and being fined by police, but refused to resign.
At the time, a probe was launched into whether a criminal offence was committed in leaking the CCTV.
But today the Information Commissioner closed a criminal probe after finding "insufficient evidence" to prosecute two people suspected of leaking the footage.
An ICO statement today said: "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."
A Department of Health and Social Care spokesperson said: “We note the outcome of the ICO’s investigation and will continue to work with them to learn any lessons from this incident.
“We take the security of our personnel, systems and estates extremely seriously. Since this incident, we have worked with security specialists from across government to review procedures and will keep them continually under review.”
Days after the CCTV footage was made public, former Health Secretary Jeremy Hunt said intelligence agencies like MI5 or GCHQ will want to look at the issue "carefully".
Mr Hunt told the BBC it is "completely unacceptable" that ministers are being filmed inside their offices.
Asked if it was a breach of the Official Secrets Act and police should be involved, the senior MP replied: "Possibly.
"We have rightly in this country... protection for whistleblowers who find things out and release them in the public interest, and we don't want to undermine that.
"But I do think we do need to understand how this happened and make sure ministers are secure in their offices to be able to have conversations they know aren't going to be leaked to hostile powers."
Mr Hancock has said he broke his own Covid guidelines because he "fell in love" with his aide.
Clad in a navy polo neck, the senior Tory spoke told the Diary of a CEO podcast "it all happened quite quickly" - but insisted he did not break the law.
He said: "We fell in love and that's something that was completely outside of my control.
"Of course I regret the pain that's caused and the very, very public nature - anybody who has been through this knows how difficult it is, how painful it is."
