Investigators have said there is insufficient evidence to prosecute two people suspected of leaking video surveillance of Matt Hancock, who kissed 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) launched a criminal investigation after receiving a report of a data breach.
But on Wednesday, the ICO closed its investigation citing a lack of evidence.
“After seeking legal advice, the ICO concluded that there was insufficient evidence to charge anyone with offenses under the Data Protection Act 2018,” the watchdog said in a statement.
The BBC has reached out to Mr Hancock for comment.
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Mr Hancock, who is married with three children, resigned on June 27, 2021 after pictures of him kissing his longtime girlfriend and then-assistant Gina Coladangelo were published.
The Conservative MP for West Suffolk ended his 15-year marriage to his wife Martha and moved in with Mrs Coladangelo.
The CCTV images were released by the Sun newspaper, which said they were taken at the Ministry of Health and Welfare on May 6, 2021.
The newspaper’s editor, Victoria Newton, said an “enraged whistleblower” brought the images to the attention of her newsroom.
The Ministry of Health and its property management company Emcor filed a complaint with the ICO, claiming the CCTV stills were taken without permission.
“Given the seriousness of the report and the potentially far-reaching implications for the security of information across government, the ICO was required by law to conduct an impartial assessment of available evidence to determine whether a violation of the law had occurred. ‘ said the watchdog.
“Forensic analysis indicated that the leaked images were most likely from someone recording the CCTV footage screens with a mobile phone.”
According to the ICO, six mobile phones seized during searches contained no relevant CCTV footage.
“The ICO has therefore closed its criminal investigation,” it added.
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