Call Recording Laws in Hawaii 2025
Last Updated: February 17, 2025
Hawaii is a one-party consent state, which means that if you are a participant in a conversation, your consent is enough to legally record that call. Under Hawaii Revised Statutes Section 803-42, intercepting or recording communications without being a party to the conversation is prohibited. This article discusses the key rules, potential penalties, and best practices for recording calls in Hawaii.
Overview of Hawaii Call Recording Law
Hawaii’s call recording laws are established to protect the privacy of individuals while allowing lawful recording when you are a party to the conversation. In Hawaii, recording a conversation is legal as long as you participate in it. However, secret recordings of conversations where you are not a participant, or recordings made in certain private settings without consent, may lead to legal repercussions.
Is It Legal to Record a Call in Hawaii?
Yes. Recording a call in Hawaii is legal if you are a participant in the conversation. Your consent as a participant authorizes you to record the call. If you attempt to record a conversation in which you are not involved, you risk violating state law.
Hawaii One-Party Consent
Hawaii follows a one-party consent rule for recording communications. This means that as long as you are involved in the conversation, your consent is sufficient to make the recording legal. It is important to note that using a recording device to capture a conversation in which you are not a participant is prohibited.
Penalties for Illegal Recording in Hawaii
Unauthorized recording in Hawaii can result in criminal charges, fines, and possibly imprisonment. Violations of Hawaii Revised Statutes Section 803-42 may also lead to civil liability, particularly if the recording was conducted in a setting where individuals had a reasonable expectation of privacy.
Federal vs. Hawaii Law
Federal law under 18 U.S.C. § 2511 permits one-party consent for recording communications, but when recording calls in Hawaii, you must adhere to state law. If a call involves parties from different jurisdictions, it is advisable to follow the strictest applicable standard to ensure compliance.
Frequently Asked Questions
Is Hawaii a one-party consent state?
Yes. In Hawaii, if you are a participant in the conversation, your consent is sufficient for legally recording the call.
Can I record calls in Hawaii without being part of the conversation?
No. You must be a participant in the conversation to legally record it under Hawaii law.
What are the penalties for illegal recording in Hawaii?
Illegal recording in Hawaii can result in criminal charges, fines, imprisonment, and civil liability if the recording violates privacy rights.
How do federal laws interact with Hawaii call recording laws?
While federal law allows one-party consent, Hawaii law governs recordings made within the state, so it is important to comply with state-specific requirements.
Additional Resources
For further details, refer to Hawaii Revised Statutes Section 803-42 or check out our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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