Hawaii call recording law

Is Hawaii a one-party consent state?

One-party consent

Yes, for phone calls. Hawaii is a one-party consent state: a person who is a party to a call, or who has one party’s prior consent, may record it unless the purpose is criminal or tortious (Haw. Rev. Stat. § 803-42). Recording in a private place is stricter.

Last checked October 13, 2026 · 17 quoted facts from official pages

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Hawaii at a glance

Phone calls
One-party consent
The law
Haw. Rev. Stat. § 803-42 (interception prohibited; lawful interceptions) (official source, opens in a new tab)
In-person conversations
A different rule (see below)
Criminal penalty
Unlawful interception under § 803-42 is a class C felony: an indeterminate prison term with a five-year maximum and a fine of up to $10,000.
Lawsuits
A person whose communication is intercepted, disclosed or used unlawfully may recover the greater of actual damages plus the violator's profits, or statutory damages of the greater of $100 a day for each day of violation or $10,000, plus punitive damages where appropriate, a reasonable attorney's fee and litigation costs, and equitable relief.
Last checked
October 13, 2026

The law

The official pages this page relies on.

Penalties

As the statutes and courts state them.
Criminal
Unlawful interception under § 803-42 is a class C felony: an indeterminate prison term with a five-year maximum and a fine of up to $10,000. Violation of privacy in the second degree (§ 711-1111), including recording in a private place without consent, is a misdemeanor: up to one year and a fine of up to $2,000; the court may order the recording destroyed.
Civil (lawsuits)
A person whose communication is intercepted, disclosed or used unlawfully may recover the greater of actual damages plus the violator's profits, or statutory damages of the greater of $100 a day for each day of violation or $10,000, plus punitive damages where appropriate, a reasonable attorney's fee and litigation costs, and equitable relief.

In-person conversations

Installing or using a recording device in a private place requires the consent of the person or persons entitled to privacy there (Haw. Rev. Stat. § 711-1111). The official annotation to § 803-42 notes a Hawaii Supreme Court holding that bugging a private place requires the consent of those entitled to privacy.

What this means for a business that records calls

Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Hawaii's law is a question for a lawyer licensed in Hawaii.

Recording notices on CallFlux numbers

CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.

How CallFlux call tracking works

What the official sources say

Each line is a short quote from the official page it links to, with the date we read it.
Show 9 more facts

Hawaii call recording questions

Is Hawaii a one-party consent state?

Yes, for phone calls. Hawaii is a one-party consent state: a person who is a party to a call, or who has one party’s prior consent, may record it unless the purpose is criminal or tortious (Haw. Rev. Stat. § 803-42). Recording in a private place is stricter.

What is the penalty for recording a call illegally in Hawaii?

Unlawful interception under § 803-42 is a class C felony: an indeterminate prison term with a five-year maximum and a fine of up to $10,000. Violation of privacy in the second degree (§ 711-1111), including recording in a private place without consent, is a misdemeanor: up to one year and a fine of up to $2,000; the court may order the recording destroyed.

What does Hawaii's law say about lawsuits over recorded calls?

A person whose communication is intercepted, disclosed or used unlawfully may recover the greater of actual damages plus the violator's profits, or statutory damages of the greater of $100 a day for each day of violation or $10,000, plus punitive damages where appropriate, a reasonable attorney's fee and litigation costs, and equitable relief.

Does Hawaii use the same rule for in-person conversations?

Installing or using a recording device in a private place requires the consent of the person or persons entitled to privacy there (Haw. Rev. Stat. § 711-1111). The official annotation to § 803-42 notes a Hawaii Supreme Court holding that bugging a private place requires the consent of those entitled to privacy.

Call recording laws in other states

All 50 states and DC in one table

This guide summarizes the official pages linked next to each fact. Laws change and courts read them in different ways, so check the source and ask a lawyer licensed in the state about your own calls. This is not legal advice.

Last checked October 13, 2026.