A DATA watchdog is putting its “credibility on the line” after it carried out raids to identify the whistleblower who exposed Matt Hancock’s affair, free speech campaigners have said.
The Information Commissioner’s Office (ICO) conducted two operations after Hancock resigned as health secretary following The Sun's publication of footage showing the Tory MP kissing an aide in his departmental office – in breach of coronavirus rules.
And now, the Times reports that the backlash against the ICO grew this weekend after it warned people trying to expose potential wrongdoing and take their concerns to the press are unlikely to be protected by law.
It also emerged that officers from Scotland Yard were involved in at least one of the searches of homes in the south of England on Thursday.
READ MORE: Matt Hancock CCTV 'breach': Investigators raid two homes in England
Mobile phones and laptops seized in the raid are currently being examined by ICO officials, with a view to bringing a prosecution under section 170 of the Data Protection Act. This relates to data being obtained unlawfully.
There are exemptions in the law for journalism and matters of public interest, which could be tested in court if charges are brought.
Jim Killock, director of the Open Rights Group, which campaigns for free speech and privacy, said: “I hope the ICO knows something that we do not, as I fear they are placing their credibility on the line.
“Intervening in political journalism on data protection grounds is a very risky business. It seems to me the leak itself was justifiable.”
Hancock was forced to resign after he was caught in an 'embrace' with Gina Coladangelo
The ICO said the Emcor Group, which provides CCTV services at the Department of Health and Social Care, submitted a breach report alleging the images of Hancock embracing aide Gina Coladangelo alleging the images were taken from the system without consent.
The images were passed to the Sun newspaper whose editor, Victoria Newton, said its news desk was contacted by "an angry whistleblower" over the footage on June 23 before a reporter was "dispatched" to view it the following day.
READ MORE: Matt Hancock accused of cheating on his wife with close aide Gina Coladangelo
The sources were said to be concerned Hanock breached his own social distancing rules.
But, on the ICO website it states: “If you report your concerns to the media, in most cases you will lose the protection of the whistleblowing provisions.”
Steve Eckersley, the ICO’s director of investigations, said after the raids: “It’s vital that all people ... have trust and confidence in the protection of their personal data captured by CCTV.”
Anyone found to have broken the law could face an unlimited fine.
A spokesman for Boris Johnson said the prime minister “believes in the importance of the free press” including its ability to “investigate matters in the public interest”.
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