Tattoo Recognition Research Threatens Free Speech and Privacy

An EFF Investigation Finds NIST/FBI Experimented with Religious Tattoos, Exploited Prisoners, and Handed Private Data to Third Parties Without Thorough Oversight

Tattoos are inked on our skin, but they often hold much deeper meaning. They may reveal who we are, our passions, ideologies, religious beliefs, and even our social relationships.

That’s exactly why law enforcement wants to crack the symbolism of our tattoos using automated computer algorithms, an effort that threatens our civil liberties.

Right now, government scientists are working with the FBI to develop tattoo recognition technology that police can use to learn as much as possible about people through their tattoos. But an EFF investigation has found that these experiments exploit inmates, with little regard for the research’s implications for privacy, free expression, religious freedom, and the right to associate. And so far, researchers have avoided ethical oversight while doing it.

The research program is so fraught with problems that EFF believes the only solution is for the government to suspend the project immediately. At a minimum, scientists must stop using any tattoo images obtained coercively from prison and jail inmates and tattoos that contain personal information or religious or political symbolism.

EFF has been filing public records requests around the country to reveal how law enforcement agencies are using mobile biometric technology—including facial recognition, digital fingerprinting, and iris scanning—to identify people based on their physical and behavioral characteristics. As part of this investigation, we learned that the National Institute for Standards and Technology (NIST), one of the oldest federal scientific institutions, began an initiative in 2014 to promote and refine automated tattoo recognition technology for the FBI.

Tattoos, of course, are a biometric characteristic, but they’re also unique because they’re elective (people generally choose to get tattoos) and expressive (they say things about our personal lives). Importantly, tattoos are also speech, and any attempt to identify, profile, sort, or link people based on their ink raises significant First Amendment questions. 

The FBI’s plans for automated tattoo recognition go beyond developing algorithms that can identify people by their tattoos. The experiments facilitated by NIST also focused on improving technology that can map connections between people with similarly themed tattoos or make inferences about people from their tattoos (e.g. political ideology, religious beliefs). On top of the free speech concerns, the project should raise red flags for religious liberty advocates, since many of the experiments involved sorting people and their tattoos based on Christian iconography.

NIST’s Tattoo Recognition Technology program also raises serious questions for privacy: 15,000 images of tattoos obtained from arrestees and inmates were handed over to third parties, including private companies, with little restriction on how the images may be used or shared. Many of the images reviewed by EFF contained personally identifying information, including people’s names, faces, and birth dates.

If that wasn’t alarming enough, NIST researchers also failed to follow protocol for ethical research involving humans—they only sought permission from supervisors after the first major set of experiments were completed. These same researchers have also not disclosed to their supervisors that the tattoo datasets they are using to seed the experiments came from prisoners and arrestees. Under federal research guidelines, research involving prisoners triggers enhanced scrutiny and ethical oversight to prevent their exploitation. Instead, NIST and the FBI are treating inmates as an endless supply of free data.

Now, with NIST and the FBI on the precipice of a new, larger experiment that will use upwards of 100,000 tattoo images, officials must suspend any further research into tattoo recognition technology until they address the First Amendment, ethical, and privacy concerns EFF has identified.

Learn more about NIST's experiments and five ways law enforcement would like to use tattoo recognition technology.

Note: Because many of the tattoo images in the data set contain personal information, EFF will not be re-publishing any government records featuring the images.