Hawaii Recording Law Summary:
Is Hawaii a One Party Consent State?
Hawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Hawaii, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Haw. Rev. Stat. § 803-42.
You may not record conversations that you are not a part of without the consent of at least one party.
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
- Getting verbal or written consent prior to the recording being made.
- A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
- An audible beep tone being repeated at steady intervals during the duration of the conversation.
Hawaii Video Recording Laws
In Hawaii, it is illegal to install or use any device to observe, record, amplify or broadcast any sounds or events that are happening in a private place without the consent of person(s) who are entitled to privacy in that place. For example, it is illegal to install a camera in a changing room because people who are using the changing room have a reasonable expectation of privacy. However, it is legal to record a law enforcement officer while he or she is on duty as long as that officer has no reasonable expectation of privacy and the recording is not interfering with the officer’s ability to maintain safety and control. Haw. Rev. Stat. § 711‐1111(1)(d)
It is against the law to use any device to broadcast or record underneath a person’s clothing without the consent of that person while he or she is in a public place. Haw. Rev. Stat. § 711‐1111(1)(f)
Haw. Rev. Stat. §§ 706-640, -60: The recording or disclosure of private conversations without one party’s consent is a felony subject to a maximum fine of $10,000 and up to five years of prison.
Haw. Rev. Stat. § 711‐1111(4): Violating Hawaii’s video recording laws is considered an offense of violation of privacy which is classed as a misdemeanor and carries a sentence of up to 1 year and a maximum fine of $2000.
More Hawaii Laws