Commentary on Sections Required identity checks Section 16: Prohibition on requirements to produce identity cards
110.This section places prohibitions on requiring people to produce ID cards or information from their entries on the Register. It is designed to prevent ‘backdoor’ compulsion by ensuring that organisations only place requirements on people in relation to ID Cards, to the extent that that is permitted by this or other legislation.
111.Subsection (1) makes it unlawful to make it a condition of doing anything in relation to a person, e.g. providing him with a service, that that person:
	makes an application under section 12(1) for information from his entry on the Register;
	makes a subject access request under the Data Protection Act for information from his entry on the Register; or
	is otherwise required to provide information about his entry on the Register.
There are no exceptions to these prohibitions.
112.Subsection (2) makes it unlawful (subject to the exceptions in subsection (3)) to make it a condition of doing anything in relation to a person, that that person:
	consents to a check on his entry on the Register being carried out under section 12(1); or
	produces his ID card.
113.Three exceptions to the subsection (2) prohibitions are set out in subsection (3). The first exception is where the relevant condition has been imposed in accordance with regulations made under section 13 (power to make public services conditional on identity checks) or in accordance with provisions of another enactment. The second exception is where the organisation allows for reasonable alternative methods of proving identity, i.e. the requirement is not truly conditional. The third is where the individual concerned is subject to compulsory registration by virtue of future primary legislation.
114.Subsection (4) makes clear that the prohibitions in this section may be enforced by the individual in the civil courts.
115.Subsection (5) ensures that Acts of the Scottish Parliament are included in the definition of an enactment within this section. Therefore, if the Scottish Parliament decided to pass legislation making the provision of a public service conditional on the production of an ID card, by virtue of subsection (3)(a) that requirement would be exempted from the scope of the prohibitions in subsection (2).