Yes, One-party consent recording is legal in Hawaii under HRS § 803-42, provided at least one participant in the conversation consents. Hawaii’s wiretapping statute permits recording if the individual making the recording is part of the conversation, eliminating the need for all parties to consent. However, the Hawaii Department of the Attorney General’s 2024 advisory emphasizes strict prohibitions against intercepting communications where the recorder is not a participant, aligning with federal wiretap laws. Violations may result in civil penalties up to $10,000 per offense, as clarified in recent 2026 legislative guidance.
Key Regulations for One-Party Consent Recording in Hawaii
- Participant Requirement: The recorder must be an active participant in the conversation; third-party interception without consent is prohibited under HRS § 803-42 and federal law.
- In-Person & Electronic Communications: Applies to both face-to-face discussions and electronic communications (e.g., phone calls, video chats), but excludes interceptions where the recorder is not a party.
- Exclusionary Rule: Recordings obtained illegally are inadmissible in Hawaii courts, per State v. Ortiz (2020), reinforcing strict compliance standards.
Critical Note: While one-party consent is permitted, Hawaii’s courts scrutinize recordings for context—especially in employment or landlord-tenant disputes—where implied consent may be challenged. The Hawaii Civil Rights Commission (HCRC) advises employers to disclose recording policies to avoid retaliation claims. Always verify jurisdiction-specific nuances, as federal law (18 U.S.C. § 2511) permits one-party consent but defers to stricter state interpretations in multi-party settings.