Hawaii

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202610 min read

Hawaii is a one-party consent state for phone call recording. Under HRS 803-42, any participant in a call may record it without notifying the other parties. Recording a call you are not part of, or using spyware to intercept calls, is a Class C felony.

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.

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

Hawaii desk phone handset lifted slightly off its cradle on an office desk with a coiled cord, warm lamp light

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

Hawaii a hand placing a smartphone face-down on a restaurant table beside a coffee cup, candid, no faces visible

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.

If the other party is located in a two-party consent state, that state may require all parties to consent before recording begins. States with two-party or all-party consent requirements include:

California
Connecticut
Florida
Illinois
Maryland
Massachusetts
Montana
New Hampshire
Oregon
Pennsylvania
Washington

Best Practices for Interstate Calls

When recording calls involving parties in other states:

Determine which state the other party is in before recording
If the other party is in a two-party consent state, inform them at the start of the call that you are recording
Get explicit verbal consent at the start of the call when in doubt
Document any consent on the recording itself ("I am recording this call with your consent, correct?")

Business Call Recording

Hawaii over-the-shoulder crop of two people seated across a small table mid-conversation, no faces visible

Recording Customer and Client Calls

Hawaii businesses can record phone calls under one-party consent. Common business recording practices include:

Quality assurance monitoring: Recording customer service calls to evaluate staff performance
Training: Using call recordings to train new employees
Compliance documentation: Recording calls in regulated industries for compliance verification
Dispute resolution: Preserving call records to resolve billing or service disputes

Notice Requirements for Businesses

While Hawaii's one-party consent law does not technically require businesses to notify callers that calls are being recorded, best practices and regulatory requirements in many industries mandate disclosure:

Financial services: FINRA and SEC regulations may require disclosure of recording practices
Healthcare: HIPAA considerations apply to calls involving protected health information
Debt collection: The Fair Debt Collection Practices Act has specific disclosure requirements
General best practice: Playing a recorded announcement ("this call may be recorded for quality assurance") satisfies one-party consent and provides transparency

Interstate Business Calls

Businesses that regularly call customers in two-party consent states should implement a blanket disclosure policy. Stating "this call may be recorded" at the start of every call eliminates interstate consent complications and is a defensible best practice.

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 Order 24-24 (TCPA one-to-one consent rule, effective 2024) governs certain robocall and text consent requirements. Note that FCC Order 23-107 was vacated by the Eleventh Circuit, and 47 CFR Section 64.501 (the old call-recording rule) was removed effective November 20, 2017. Modern telecommunications recording requirements flow from the federal Wiretap Act and state wiretapping statutes

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 and any profits from the violation
Statutory damages of the greater of $100 per day or $10,000
Attorney fees and litigation costs
Equitable relief as appropriate

AI and Automated Phone Recording

Call Recording Apps and Services

Hawaii's one-party consent law permits the use of:

Automated call recording apps that record calls you participate in
AI transcription services that capture call audio for transcription
Call recording features built into platforms like Google Voice, Zoom, and RingCentral

AI Meeting Assistants

AI meeting assistants that join phone or video calls as participants are generally permitted under Hawaii's one-party consent law. The key question is whether the AI tool is a "party to the communication" or has obtained consent from at least one party.

Robocalls and Automated Calls

The federal Telephone Consumer Protection Act (TCPA) governs automated calls and text messages. Under the TCPA, certain automated calls and texts to cell phones require prior express consent. FCC Order 24-24 updated one-to-one consent requirements under the TCPA, effective in 2024.

Federal Deepfake and AI Developments

Hawaii's election deepfake law, Act 191 SLH 2024, was permanently enjoined as facially unconstitutional in Babylon Bee LLC v. Lopez, No. 1:25-cv-00234 (D. Haw. Jan. 30, 2026) (Park, J.). Separately, the federal TAKE IT DOWN Act (signed May 19, 2025, effective May 19, 2026) requires platforms to remove non-consensual intimate images, including AI-generated deepfakes, within 48 hours of notice. These developments do not change Hawaii's one-party consent rules for phone calls but are relevant background for understanding the evolving legal landscape around recorded content.

More Hawaii Laws

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Frequently Asked Questions

Can I record a phone call in Hawaii without telling the other person?

Yes. Hawaii is a one-party consent state under HRS 803-42. As a participant in the call, you can record it without notifying the other person. There is no legal requirement to announce the recording or play a beep tone. However, if the other party is in a two-party consent state, that state's law may require notification.

Can my [employer record](/can-an-employer-record-conversations-without-consent) my work phone calls in Hawaii?

Yes, in most circumstances. Employers who are parties to calls (such as through company phone systems) can record calls under one-party consent. Employees are typically informed of recording practices through workplace policies. Employers cannot record personal calls that employees make on personal devices.

Do I need to tell callers from other states that I'm recording?

It depends on their state. If the caller is in a two-party consent state like California or Florida, you should inform them that you are recording. A safe practice is to state at the start of any recorded call: 'I want to let you know that this call is being recorded.'

Can I record customer service calls in Hawaii?

Yes. When a company plays a message saying 'this call may be recorded,' they are exercising their one-party consent right. You have the same right as a participant. You can record any customer service call you participate in without additional notice.

What happens if I illegally record a phone call in Hawaii?

Illegal interception of phone calls is a Class C felony under HRS 803-42, carrying up to 5 years in prison and a $10,000 fine. Victims can also sue for civil damages of at least $10,000 under HRS 803-48, plus actual damages and attorney fees.

Sources and References

Hawaii Revised Statutes 803-42 - Interception of Communications(capitol.hawaii.gov).gov
Hawaii Revised Statutes 803-47 - Suppression of Intercepted Communications(capitol.hawaii.gov).gov
Hawaii Revised Statutes 803-48 - Recovery of Civil Damages(capitol.hawaii.gov).gov
Hawaii Revised Statutes 706-660 - Sentencing(capitol.hawaii.gov).gov
18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)
18 U.S.C. 2520 - Federal Civil Remedies(law.cornell.edu)
Hawaii Rules of Evidence Rule 901(capitol.hawaii.gov).gov
Hawaii Revised Statutes 711-1111 - Violation of Privacy in the Second Degree(capitol.hawaii.gov).gov
18 U.S.C. 2703 - Federal Stored Communications Act(law.cornell.edu)