Hawaii Recording Laws: Consent Rules and Penalties

Quick Answer

Hawaii is a one-party consent state. You can legally record wire, oral, or electronic communications if you are a party to the conversation or have consent from at least one participant. Hawaii's wiretapping law is a Class C felony, so illegal recording carries serious consequences.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	HRS § 803-42
Civil Remedies Statute	HRS § 803-48
Maximum Fine	$10,000
Maximum Prison Time	5 years (Class C felony)

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Understanding Hawaii's Recording Laws

The Legal Foundation

Hawaii's recording laws are found in Title 38, Chapter 803 of the Hawaii Revised Statutes. The key statute is:

• HRS § 803-42 - Interception, access, and disclosure of wire, oral, or electronic communications prohibited

Under this statute, it is a Class C felony to intentionally intercept, use, or disclose wire, oral, or electronic communications without authorization. However, the law allows recording when at least one party to the communication consents.

The statute specifically states that it is not unlawful for a person to intercept a wire, oral, or electronic communication when that person is a party to the communication, or when one of the parties has given prior consent to the interception.

The Criminal or Tortious Purpose Exception

Hawaii's one-party consent rule comes with an important limitation. The consent exception does not apply if the recording is made "for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of this State."

This means you cannot use one-party consent as a shield if your purpose in recording is to commit blackmail, extortion, harassment, or any other illegal act. The recording itself must serve a lawful purpose.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Hawaii, only one person in the conversation needs to know about and consent to the recording. That person can be you. You do not need to announce "this call is being recorded" or get anyone else's permission.

In contrast, two-party (or all-party) consent states like California and Florida require everyone in the conversation to agree to be recorded.

Hawaii's Privacy Exception for Private Places

Hawaii has a separate privacy law (HRS § 711-1111) that imposes stricter requirements for recordings in "private places." A private place is defined as a location where someone may "reasonably expect to be safe from casual or hostile intrusion or surveillance," but does not include places where the public or a substantial group has access.

In these private locations, all parties must consent to the installation or use of any device for recording sounds or events. Violating this provision is a misdemeanor under Hawaii law, and courts may order the destruction of any recording made in violation of this section.

Recording Phone Calls in Hawaii

Can You Record Phone Calls in Hawaii?

Yes. Under HRS § 803-42, you can record any phone call you are participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

If you are in Hawaii calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you are recording calls with people in other states, either inform them or get all-party consent to be safe.

Business Call Recording

Hawaii businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

• Verbal consent before the call begins
• A recorded announcement ("This call may be recorded...")
• A periodic beep tone during the call

Federal law under 18 U.S.C. § 2511 also permits one-party consent recording, so Hawaii businesses operating under both state and federal jurisdiction can rely on either standard.

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Hawaii when:

• You are participating in the conversation
• You are in a public place where there is no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It is illegal to record conversations when:

• You are not a party to the conversation and do not have consent from any participant
• You are in a private place recording sounds not otherwise audible (all-party consent required under HRS § 711-1111)
• You are recording with criminal or tortious intent
• You are using a recording device to eavesdrop on a conversation you are not part of

What About Recording in Your Own Home?

You can record conversations in your own home if you are participating. However, you cannot:

• Plant a hidden device and leave to record others without their knowledge
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

Hawaii Video Recording Laws

Public Spaces

Hawaii has no general prohibition on video recording in public spaces. You can:

• Film on public beaches, streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property

On private property, the property owner sets the rules. Hawaii also has voyeurism laws under HRS § 711-1110.9 that prohibit:

• Recording intimate images without consent
• Recording someone in a private place without consent
• Distributing intimate images without consent

Violation of privacy in the first degree is a Class C felony under Hawaii law.

If you are recording someone's likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Deep Fake and Revenge Porn Protections

Hawaii strengthened its privacy protections in recent years. Act 114 (2018) amended HRS § 711-1110.9 to specifically prohibit threatening to disclose intimate images and to cover disclosures made as acts of revenge or retribution.

Act 59 (2021) further expanded the statute to criminalize the intentional creation, disclosure, or threat of disclosure of AI-generated deep fake images or videos depicting a person in the nude or engaging in sexual conduct without their consent. This makes Hawaii one of the states that specifically addresses deep fake intimate imagery.

All recordings or images involved in violations of this section must be sealed and remain confidential.

Recording in the Workplace

Can Your Employer Record You?

Hawaii employers can generally record in common work areas where employees do not have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

These areas are considered "private places" under HRS § 711-1111, and recording there without consent is a misdemeanor.

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work as long as you are part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under state law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Hawaii?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. Hawaii went further than many states by codifying this right in statute.

Act 164 (2016) amended both HRS § 711-1111 and HRS § 710-1010 to create an explicit exception for recording law enforcement officers. Under this law, it is not a violation of privacy or obstruction of government operations to make a video or audio recording of a law enforcement officer while the officer is performing duties in a public place or under circumstances where the officer has no reasonable expectation of privacy.

In Hawaii, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations under Act 164:

• Officers may take reasonable action to maintain safety and control
• Officers may secure crime scenes and accident sites
• Officers may protect the integrity and confidentiality of investigations
• Officers may protect public safety and order
• You must not interfere with police operations or trespass

Recording Government Meetings

Hawaii's Sunshine Law (Open Meetings Law, HRS Chapter 92) generally allows recording of public government meetings. You can record:

• State legislature proceedings
• County council meetings
• School board meetings
• Public hearings

Specific Situations

Can I Record My Landlord in Hawaii?

Yes, if you are part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Hawaii?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Note that while recording your own appointment is legal, HIPAA regulations apply to healthcare providers, not patients. Your recording does not violate HIPAA.

Can I Record CPS Workers?

Yes. Child Protective Services workers are government employees, and you can record your interactions with them as long as you are participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However:

• Do not record your children's private conversations without being present
• Do not use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Hawaii?

Yes. Dashcams are legal in Hawaii. There are no specific laws restricting their use, but you should:

• Mount the camera so it does not obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Hawaii

Are Recordings Admissible in Court?

Recordings made legally under Hawaii's one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication - Can you prove the recording is genuine and unaltered?
• Relevance - Does the recording matter to the case?
• Hearsay rules - Some statements may be excluded under the Hawaii Rules of Evidence
• Prejudicial vs. probative value - Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in felony charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded and could expose you to civil liability

Penalties for Illegal Recording in Hawaii

Criminal Penalties (HRS § 803-42)

Illegal interception of communications is a Class C felony under HRS § 803-42:

Penalty	Maximum
Prison time	Up to 5 years
Fine	Up to $10,000

Sentencing for Class C felonies in Hawaii is governed by HRS § 706-660, which provides for an indeterminate term of imprisonment of five years or less but not less than one year.

Privacy Violation Penalties

Violations of Hawaii's privacy statutes carry separate penalties:

• Violation of privacy in the first degree (HRS § 711-1110.9) - Class C felony (up to 5 years)
• Violation of privacy in the second degree (HRS § 711-1111) - Misdemeanor

Civil Liability (HRS § 803-48)

Victims of illegal recording may also file a civil lawsuit under HRS § 803-48. Successful plaintiffs can recover:

• Actual damages suffered as a result of the violation
• Any profits the violator made from the illegal recording
• Statutory damages of the greater of $100 per day of violation or $10,000
• Equitable or declaratory relief as the court deems appropriate
• Attorney's fees and litigation costs

A good faith reliance on a court order is a complete defense to civil claims under this statute.

Pending Legislation: SB 1163 (2026)

The Hawaii Legislature is currently considering SB 1163, a privacy bill that would prohibit the sale of data collected through eavesdropping or through applications that use a device's microphone in the background without consent. While this bill does not change one-party consent recording rules, it addresses the growing concern over commercial surveillance through smartphone apps and smart devices. The bill passed the Senate Commerce, Consumer Protection and Public Safety Committee in February 2026 and continues through the legislative process.

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