Hawaii Phone Call Recording Laws: One-Party Consent Rules for Calls

Hawaii's phone call recording rules are straightforward compared to the state's more complex in-person recording laws. Under HRS 803-42, Hawaii follows a one-party consent model for phone call recording. If you are a party to the call, you can record it without informing or obtaining permission from the other participants.

Unlike in-person recording, where the private places exception under HRS 711-1111 can require all-party consent in certain locations, phone call recording is governed solely by the wiretapping statute. This guide covers when you can record phone calls in Hawaii, the rules for interstate calls, business call recording, and the penalties for illegal interception.

The One-Party Consent Rule for Phone Calls

How HRS 803-42 Applies to Phone Calls

HRS 803-42 defines "wire communication" as any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection. This covers all types of phone calls.

The statute makes it a Class C felony to intentionally intercept wire communications without authorization. The exception for phone recording is found in subsection (b)(4), which permits a person who is a party to the communication, or who has prior consent from one of the parties, to intercept the communication.

What This Means in Practice

As a participant in a phone call in Hawaii, you can:

• Record the call using your phone's built-in recording feature
• Use a third-party call recording app
• Connect the call to an external recording device
• Use a recording line or service
• Record without informing the other party at any point

Your own participation in the call and your knowledge that you are recording satisfies the consent requirement. No announcement, beep tone, or disclosure is legally required.

The Private Places Exception Does Not Apply

An important distinction for phone calls: the private places exception under HRS 711-1111 addresses the installation or use of recording devices in private physical locations. Phone call recording is governed by the wiretapping statute (HRS 803-42), not the privacy statute. This means:

• You can record a phone call regardless of where you physically are when making or receiving the call
• The location of the other party does not trigger the private places rule under Hawaii law
• One-party consent is sufficient for all phone call recording under Hawaii law

Types of Phone Calls Covered

Landline Calls

Traditional landline phone calls are "wire communications" under HRS 803-42 and are subject to the one-party consent rule. You can record any landline call you participate in.

Cell Phone Calls

Mobile phone calls are covered by HRS 803-42 as wire communications. The same one-party consent rule applies. You can record any cell phone call you are part of.

VoIP and Internet Calls

Voice over Internet Protocol (VoIP) calls, including calls through platforms like:

• Zoom
• Microsoft Teams
• Google Meet
• Skype
• FaceTime
• WhatsApp calls
• Facebook Messenger calls

These fall under the "electronic communication" definition in HRS 803-42 and are subject to one-party consent. As a participant, you can record without notifying others.

Video Calls

Video calls that include audio are covered by the same rules. The audio component follows one-party consent under HRS 803-42. You can record video calls you participate in without informing other participants, subject to the caveat that participants in two-party consent states may require notification.

Conference Calls

For multi-party conference calls, one-party consent still applies. Your own participation and knowledge of the recording satisfies the consent requirement. You do not need consent from every participant.

Interstate Phone Call Recording

The Challenge of Cross-State Calls

Hawaii's geographic isolation means that nearly all calls to the mainland United States are interstate calls. When you record a phone call from Hawaii to another state, the laws of both states may apply.

Calls to One-Party Consent States

When you call someone in another one-party consent state, there is no conflict. Both states allow recording with consent from just one party. One-party consent states include:

• Alaska, Arizona, Arkansas, Colorado, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia

Calls to Two-Party Consent States

When you call someone in a two-party consent state, the stricter law may apply to the call. States that require all-party consent include:

State	Key Statute
California	Cal. Penal Code 632
Connecticut	Conn. Gen. Stat. 52-570d
Florida	Fla. Stat. 934.03
Illinois	720 ILCS 5/14-2
Maryland	Md. Code, Cts. & Jud. Proc. 10-402
Massachusetts	Mass. Gen. Laws ch. 272, 99
Montana	Mont. Code Ann. 45-8-213
New Hampshire	N.H. Rev. Stat. 570-A:2
Pennsylvania	18 Pa.C.S. 5703
Washington	Wash. Rev. Code 9.73.030

Best Practices for Interstate Calls

To protect yourself when recording interstate calls from Hawaii:

1. Ask where the other person is located before recording, if practical
2. Inform the other party if they are in a two-party consent state
3. Get verbal consent at the start of the call, which the recording itself will capture
4. When in doubt, disclose. A simple statement like "I want to let you know I am recording this call" satisfies even the strictest state laws

Federal Law Alignment

The federal Wiretap Act (18 U.S.C. 2511) follows a one-party consent model that matches Hawaii's approach. Recordings that comply with Hawaii law also comply with federal law for the Hawaii end of the call.

Business Phone Call Recording in Hawaii

Employer Recording of Business Calls

Hawaii businesses can record phone calls under one-party consent when the business is a party to the call. Common business recording scenarios include:

• Customer service calls: Businesses regularly record calls for quality assurance and training
• Sales calls: Recording sales conversations for compliance and dispute resolution
• Compliance monitoring: Recording calls to meet regulatory requirements
• Training purposes: Using recorded calls to train new employees

Notice Practices for Businesses

While Hawaii law does not require businesses to notify callers before recording, many businesses provide notice as a best practice:

• Recorded announcement: "This call may be recorded for quality and training purposes"
• Verbal disclosure: The representative states that the call is being recorded at the start
• IVR menu notice: An automated system mentions recording before connecting to an agent
• Periodic beep tone: A tone during the call indicating recording is in progress

These practices help businesses comply with the laws of all states their callers may be in, particularly two-party consent states.

Regulatory Requirements

Certain industries face additional recording requirements:

• Financial services: SEC and FINRA rules may require recording of certain broker-dealer calls
• Healthcare: HIPAA restricts recording of calls containing protected health information
• Insurance: State insurance regulations may govern recording of claims-related calls
• Telecommunications: FCC regulations apply to certain telecommunications recordings

Criminal Penalties for Illegal Phone Recording

Wiretapping: Class C Felony

Illegally intercepting phone calls without any party's consent is a Class C felony under HRS 803-42:

Penalty	Maximum
Prison time	Up to 5 years under HRS 706-660
Fine	Up to $10,000

What Constitutes Illegal Phone Recording

The following actions are illegal under Hawaii law:

• Tapping someone else's phone line without their knowledge or consent
• Using spyware or monitoring apps to intercept another person's calls without consent
• Recording a call you are not party to and do not have consent from any party to record
• Intercepting voicemail or stored communications without authorization

The Criminal or Tortious Purpose Exception

Even if you are a party to a call, the one-party consent exception does not apply if the recording is made "for the purpose of committing any criminal or tortious act." Recording a call to facilitate blackmail, extortion, fraud, or harassment voids the consent exception.

Civil Remedies for Illegal Phone Recording

Statutory Damages Under HRS 803-48

Victims of illegal phone call interception can pursue civil damages under HRS 803-48:

• Actual damages suffered as a result of the violation
• Profits the violator derived from the illegal interception
• Statutory damages of the greater of $100 per day of violation or $10,000
• Attorney fees and litigation costs
• Equitable relief as the court deems appropriate

Federal Civil Remedies

Under the federal Wiretap Act (18 U.S.C. 2520), victims can also pursue federal civil remedies, including statutory damages of the greater of $100 per day or $10,000, plus attorney fees.

Phone Call Recordings as Evidence

Admissibility in Hawaii Courts

Legally recorded phone calls are generally admissible as evidence in Hawaii courts. The offering party must:

• Authenticate the recording under Hawaii Rules of Evidence Rule 901
• Identify the speakers on the recording
• Demonstrate that the recording has not been altered
• Show that the recording is relevant to the matter at hand

Suppression of Illegally Recorded Calls

Under HRS 803-47, an aggrieved person may move to suppress the contents of any unlawfully intercepted wire communication. If the court finds the interception was illegal, the recording and any evidence derived from it may be excluded.

Call Recording Technology

Phone Apps and Services

Several call recording options are available for Hawaii residents:

• Built-in phone recording features: Some Android phones offer native call recording
• Third-party apps: Applications like Rev Call Recorder, TapeACall, and Cube ACR
• VoIP platform features: Zoom, Teams, and Google Meet have built-in recording capabilities
• External devices: Dedicated call recording devices that connect to your phone

AI Transcription Services

AI-powered transcription services can automatically record and transcribe your phone calls. Under Hawaii one-party consent law, using these services for calls you participate in is legal. Be aware that:

• Transcripts may contain errors and should be reviewed for accuracy
• The service provider may store your recordings on their servers
• Terms of service for the transcription provider may affect your data

Common Phone Recording Scenarios

Recording Customer Service Calls

You can record any customer service call you make or receive. When the business tells you "this call may be recorded," they are exercising their one-party consent right. You have the same right.

Recording Debt Collectors

You can record calls with debt collectors. This can be valuable for documenting potential violations of the Fair Debt Collection Practices Act (FDCPA) or Hawaii's debt collection regulations.

Recording Insurance Companies

You can record calls with insurance companies regarding claims, coverage disputes, or policy questions. Insurance adjusters frequently record these calls, and you have the same right.

Recording Government Agencies

You can record calls with government agencies where you are a participant. This includes calls with state agencies, county offices, and federal agencies when you are calling from Hawaii.

More Hawaii Recording Laws

Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording

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