Hawaii Recording Laws

Hawaii Recording Law Summary:

Last Updated: January 2025 | Verified against current Hawaii Revised Statutes

Quick Answer

Hawaii is a one-party consent state. You can legally record wire, oral, or electronic communications if you’re 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
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’s 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.

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 don’t 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

Hawaii has a separate privacy law (HRS § 711-1111) that imposes stricter requirements for recordings in “private places” – areas where someone has a reasonable expectation of privacy. In these locations, all parties must consent to recording sounds that wouldn’t otherwise be audible outside the space.

Recording Phone Calls in Hawaii

Can You Record Phone Calls in Hawaii?

Yes. Under HRS § 803-42, you can record any phone call you’re 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’re 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’re 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:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Hawaii when:

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

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re in a private place recording sounds not otherwise audible (all-party consent required)
• You’re recording with criminal intent

What About Recording in Your Own Home?

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

• Plant a hidden device and leave to record others
• 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

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.

Recording in the Workplace

Can Your Employer Record You?

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

• Bathrooms
• Locker rooms
• Changing areas

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’re 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, 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 specifically recognizes that police officers performing their duties in public places have 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:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

Hawaii’s Sunshine Law (Open Meetings Law) 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’re 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

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’re participating in the conversation.

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

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

• Don’t record your children’s private conversations without being present
• Don’t 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 doesn’t 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
• 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

Penalties for Illegal Recording in Hawaii

Criminal Penalties (HRS § 803-42)

Illegal interception of communications is a Class C felony:

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

Civil Liability

Victims of illegal recording may also sue for:

• Actual damages
• Statutory damages
• Punitive damages
• Attorney’s fees

Frequently Asked Questions

Is Hawaii a one-party consent state?

Yes. Hawaii is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is Hawaii a two-party consent state?

No. Hawaii does not require all parties to consent to recording. Only one party needs to consent, and that party can be you. However, in certain “private places,” stricter rules may apply.

Can I record a conversation without the other person knowing in Hawaii?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in Hawaii?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Hawaii.

Do I need to tell someone I’m recording in Hawaii?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Hawaii?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in Hawaii?

Illegal recording is a Class C felony in Hawaii, punishable by up to 5 years in prison and up to $10,000 in fines.

Can recordings be used in divorce court in Hawaii?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does Hawaii have hidden camera laws?

Yes. HRS § 711-1110.9 prohibits recording intimate images without consent and invasion of privacy.

Related Hawaii Laws

• Hawaii Car Seat Laws
• Hawaii Child Support Laws
• Hawaii Hit and Run Laws
• Hawaii Lemon Law
• Hawaii Sexting Laws
• Hawaii Statute of Limitations
• Hawaii Whistleblower Laws

Sources and Legal References

Source	Link
HRS § 803-42 – Interception Prohibited	Justia
Hawaii Legislature – HRS 803-42	Hawaii Capitol
Reporters Committee Recording Guide	RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Hawaii attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent. Class C felony for violations.	HRS § 803-42
Idaho	One-party consent.	Idaho Code Ann. § 18-6702
Indiana	One-party consent.	Ind. Code Ann. § 35-33.5-5
Iowa	One-party consent.	Iowa Code Ann. § 808B.2
Kansas	One-party consent.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.