Hawaii Laws on Recording in Public: Your Rights in Public Spaces

Hawaii law permits recording in public spaces where no reasonable expectation of privacy exists, backed by First Amendment protections that federal courts in the Ninth Circuit have consistently upheld. For audio, Hawaii's one-party consent rule under HRS 803-42 allows you to record any conversation you participate in, even in public.

Hawaii offers broad protections for recording in public spaces. The state has no statute that prohibits photography, videography, or audio recording in areas where the public has access and where there is no reasonable expectation of privacy. Combined with First Amendment protections, Hawaii's Sunshine Law, and the specific statutory protection for recording police under Act 164, residents and visitors have clear legal authority to record in most public settings.

However, Hawaii's unique geography and culture create some specific contexts that require attention, from public beach access rules to cultural site restrictions. This guide covers where you can record, the limits on public recording, audio recording rules, and how Hawaii law handles recording at government meetings, protests, and other public events.

The General Rule: Recording in Public Is Legal

First Amendment Protections

The First Amendment to the U.S. Constitution protects the right to gather information in public spaces. Federal courts have consistently held that this includes the right to photograph, film, and record in areas where the public has access. In the Ninth Circuit, which covers Hawaii, Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995) recognized a First Amendment right to film matters of public interest on public streets, and Askins v. U.S. Department of Homeland Security, 899 F.3d 1035 (9th Cir. 2018) reaffirmed that right applies to federal officers. In Hawaii, this means you can:

• Film on public streets, sidewalks, and intersections
• Record in public parks and recreation areas
• Photograph public buildings and landmarks
• Film events, demonstrations, and gatherings in public spaces
• Record your own interactions with other people in public

No Expectation of Privacy in Public

The legal foundation for public recording is the concept of "reasonable expectation of privacy." In public spaces, people generally do not have a reasonable expectation that their actions, appearance, or audible conversations will be private. Hawaii's privacy statute chapter defines a "private place" as one that specifically excludes locations "to which the public or a substantial group of the public has access."

This means the privacy restrictions in HRS 711-1111 do not apply in public spaces. You can record video freely in public without the consent of the people captured in your footage.

Recording at Hawaii's Public Beaches

All Beaches Are Public

Hawaii's beaches are open to the public along the shoreline. Under HRS 115-5, the law establishes a public "beach transit corridor" seaward of the shoreline, and Hawaii courts have long recognized public beach access below that line under the customary-rights and public-trust doctrines, regardless of whether adjacent property is privately owned. The "shoreline" that marks this boundary is a statutory line (commonly, though not always precisely, described as the high-water mark), not a fixed private-property boundary.

This means you can:

• Photograph and film on any Hawaii beach up to the high-water mark
• Record surfers, swimmers, and beachgoers in public view
• Film sunsets, landscapes, and ocean activities
• Record your own activities and conversations at the beach

Limitations at Beaches

While you can record freely at public beaches, some restrictions apply:

• Voyeurism rules still apply. Covertly recording another person's intimate area underneath clothing (upskirting) in a public place, including a beach, is a misdemeanor under HRS 711-1111(1)(f)
• Commercial filming may require permits. Large-scale commercial productions on public beaches or in state parks may need permits from the Hawaii Film Office or county permitting authorities
• Respect for cultural practices. Some beach areas may be significant cultural sites where recording may be considered disrespectful, though this is a matter of courtesy rather than law

Recording in Hawaii's State and National Parks

State Parks

Hawaii's state parks are managed by the Department of Land and Natural Resources (DLNR). General recording rules include:

• Personal photography and videography is permitted in state parks
• Commercial filming requires a permit from the DLNR
• Specific areas within parks may have restrictions for safety or conservation reasons
• Drone use in state parks requires FAA compliance and may require additional permits

National Parks

Hawaii's national parks, including Hawaii Volcanoes National Park, Haleakala National Park, and others, are governed by federal National Park Service rules. Personal photography is generally permitted, but commercial photography requires a permit. Drone use is prohibited in most national park areas.

Audio Recording in Public Spaces

One-Party Consent in Public

For audio recording of conversations in public spaces, Hawaii's one-party consent law applies. Under HRS 803-42, you can record any conversation you participate in without informing the other parties. The private places exception under HRS 711-1111 does not apply in public spaces, so you can record conversations in:

• Public parks and beaches
• Public transportation
• Streets and sidewalks
• Public buildings open to the general public
• Any area that is not a "private place"

Bystander Conversations

You cannot record private conversations between other people that you are not part of, even in public spaces. One-party consent requires that you be a participant in the conversation. Covert recording of other people's private conversations that you are overhearing from a distance may raise issues under HRS 803-42.

Recording Public Government Meetings

The Sunshine Law: HRS Chapter 92

Hawaii's Sunshine Law (HRS Chapter 92) requires most government board and commission meetings to be open to the public. The right to attend these meetings includes the right to record them. Under the Sunshine Law:

• Public meetings must be open to the public and press
• Recording is permitted at public meetings unless the board has established reasonable restrictions
• Minutes of public meetings are public records that must be made available

Government Bodies Covered

The Sunshine Law applies to:

• State boards and commissions
• County councils and committees
• School board meetings
• Other government bodies exercising public functions

Restrictions on Meeting Recording

While recording at public meetings is generally permitted, some restrictions may apply:

• Equipment must not disrupt the meeting
• Microphones may need to be positioned to avoid interfering with proceedings
• Flash photography may be restricted in some settings
• Courts have more specific rules about recording

Recording Police in Public

Act 164 (2016)

Hawaii has one of the strongest statutory protections for recording law enforcement in the country. Act 164 (2016) amended HRS 711-1111 and HRS 710-1010 to explicitly protect the right to record police officers performing their duties in public places or where they have no reasonable expectation of privacy.

You can record police:

• Making arrests in public
• Conducting traffic stops
• Responding to incidents in public areas
• At protests and demonstrations
• In any public setting where they are performing their duties

For complete information on recording police in Hawaii, see Hawaii laws on recording police.

Protests and Public Demonstrations

Your Rights at Protests

The First Amendment strongly protects the right to document protests, rallies, and public demonstrations. In Hawaii, you can:

• Film protests and demonstrations from public spaces
• Record interactions between protesters and police
• Document arrests and use of force incidents at protests
• Livestream events on social media

Counter-Protesters and Third Parties

You cannot prevent others from recording you at a public protest. If you are in a public space participating in a demonstration, other people have the right to record you.

Drone Recording in Public

FAA Regulations

All drone operators must comply with FAA regulations. For recreational drones:

• Register drones weighing over 0.55 pounds with the FAA
• Follow the FAA's recreational rules for altitude and airspace
• Obtain FAA Part 107 certification for commercial drone operations

Hawaii-Specific Drone Rules

• State parks require additional permits for drone use
• National parks prohibit drones without a specific permit
• Honolulu International Airport and other airports have restricted airspace requiring authorization
• Flying drones over people in public spaces may raise privacy concerns even if legally permissible

Deepfakes, AI-Generated Content, and Public Recording

Hawaii's election deepfake law, Act 191 SLH 2024, was permanently enjoined as facially unconstitutional in Babylon Bee LLC v. Lopez, No. 1:25-cv-00234 (D. Haw. Jan. 30, 2026) (Park, J.). The federal TAKE IT DOWN Act (effective May 19, 2026) imposes platform notice-and-takedown obligations for non-consensual intimate images. Neither development restricts ordinary public recording rights, but both are part of Hawaii's evolving landscape on what can lawfully be done with recordings after they are made.

More Hawaii Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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