Yes, two-party consent recording is legal in Hawaii, but strict compliance with state statutes is required to avoid civil and criminal penalties.
Hawaii Revised Statutes § 803-42 mandates all parties must consent before any communication is recorded. Violations may trigger lawsuits for damages or criminal charges under § 708-890, with penalties up to $2,000 per offense. The Hawaii Department of the Attorney General enforces these provisions, emphasizing heightened scrutiny in 2026 due to emerging digital surveillance concerns.
Key Regulations for Two-Party Consent Recording in Hawaii
- All-party consent requirement: Recording any oral communication without prior consent from all parties is a felony under § 803-42, punishable by up to five years imprisonment.
- Electronic communications: Applies to phone calls, video conferences, and digital transmissions; failure to disclose recording in multi-party settings (e.g., Zoom meetings) violates state law.
- Exceptions: Consent is not required for recording in public spaces where no reasonable expectation of privacy exists, per State v. Bynum (2019). Law enforcement may record with a warrant.
Courts have consistently upheld these statutes, as seen in State v. Kalawe (2021), where surreptitious recording led to evidentiary exclusion. Businesses operating in Hawaii must implement clear disclosure protocols to mitigate legal exposure.