Hawaii Laws on Recording in Public: Your Rights in Public Spaces

Hawaii offers broad protections for recording in public spaces. The state has no statute that prohibits photography, videography, or audio recording in areas where the public has access and where there is no reasonable expectation of privacy. Combined with First Amendment protections, Hawaii's Sunshine Law, and the specific statutory protection for recording police under Act 164, residents and visitors have clear legal authority to record in most public settings.

However, Hawaii's unique geography and culture create some specific contexts that require attention, from public beach access rules to cultural site restrictions. This guide covers where you can record, the limits on public recording, audio recording rules, and how Hawaii law handles recording at government meetings, protests, and other public events.

The General Rule: Recording in Public Is Legal

First Amendment Protections

The First Amendment to the U.S. Constitution protects the right to gather information in public spaces. Federal courts have consistently held that this includes the right to photograph, film, and record in areas where the public has access. In Hawaii, this means you can:

• Film on public streets, sidewalks, and intersections
• Record in public parks and recreation areas
• Photograph public buildings and landmarks
• Film events, demonstrations, and gatherings in public spaces
• Record your own interactions with other people in public

No Expectation of Privacy in Public

The legal foundation for public recording is the concept of "reasonable expectation of privacy." In public spaces, people generally do not have a reasonable expectation that their actions, appearance, or audible conversations will be private. Under HRS 711-1111, a "private place" specifically excludes locations "to which the public or a substantial group of the public has access."

This means the privacy restrictions in HRS 711-1111 do not apply in public spaces. You can record video freely in public without the consent of the people captured in your footage.

Recording at Hawaii's Public Beaches

All Beaches Are Public

Hawaii is unique in that all beaches are public up to the high-water mark. Under Article XI, Section 1 of the Hawaii Constitution and HRS 115-5, the public has a right to access all beaches below the high-water mark, regardless of whether adjacent property is privately owned.

This means you can:

• Photograph and film on any Hawaii beach up to the high-water mark
• Record surfers, swimmers, and beachgoers in public view
• Film sunsets, landscapes, and ocean activities
• Record your own activities and conversations at the beach

Limitations at Beaches

While you can record freely at public beaches, some restrictions apply:

• Voyeurism rules still apply. Recording intimate areas of a person's body (upskirting, etc.) is illegal regardless of location under HRS 711-1110.9
• Commercial filming may require permits. Large-scale commercial productions on public beaches or in state parks may need permits from the Hawaii Film Office or county permitting authorities
• Respect for cultural practices. Some beach areas may be significant cultural sites where recording may be considered disrespectful, though this is a matter of courtesy rather than law

Recording in Hawaii's State and National Parks

State Parks

Hawaii's state parks are managed by the Department of Land and Natural Resources (DLNR). General recording rules include:

• Personal photography and videography are permitted
• Commercial filming may require a permit from DLNR
• Drone operations in state parks require a special activity permit
• Some areas may be restricted for environmental or cultural preservation

National Parks

Hawaii is home to several national parks and monuments, including Hawaii Volcanoes National Park and Haleakala National Park. National Park Service rules apply:

• Personal photography and videography are permitted in public areas
• Commercial filming requires a National Park Service permit
• Drone use is prohibited in all national parks without a special permit
• Certain areas may be closed for safety or resource protection

Audio Recording in Public Spaces

One-Party Consent Applies

While video recording in public spaces is essentially unrestricted, audio recording of conversations follows the one-party consent rule under HRS 803-42. This means:

• You can record conversations you are participating in without telling the other parties
• You cannot use a directional microphone or recording device to capture private conversations between other people that you are not part of
• General ambient sound recording (crowd noise, street sounds, public address systems) is not an interception under the statute

The Oral Communication Definition

HRS 803-42 defines "oral communication" as any communication uttered by a person exhibiting an expectation that the communication is not subject to interception, under circumstances justifying that expectation. In a public setting, conversations that are loud enough for others to overhear generally do not qualify for protection because the speaker is not exhibiting a reasonable expectation of privacy.

However, if two people are having a quiet, private conversation in a public place, and you use a hidden device to intercept that conversation without their knowledge, you may be violating HRS 803-42.

Recording Government Meetings

Hawaii's Sunshine Law

Hawaii's Open Meetings Law, known as the Sunshine Law (HRS Chapter 92), requires government boards and commissions to conduct meetings in public. This includes:

• State legislature proceedings
• County council meetings
• Board of Education meetings
• Public utility commission hearings
• Planning commission meetings
• Any meeting of a board or commission of the state or county

Recording Rights at Public Meetings

The Sunshine Law guarantees the public's right to attend open meetings. This right includes the ability to:

• Take notes during meetings
• Record audio and video of the proceedings
• Livestream meetings to social media or other platforms
• Photograph members, staff, and attendees during the meeting

Limitations at Government Meetings

• Executive sessions (closed meetings) may be closed to the public and recording
• Meeting chairs may impose reasonable time, place, and manner restrictions on recording to prevent disruption
• Recording equipment should not obstruct the view of other attendees or interfere with the meeting proceedings
• Security restrictions may apply in certain government buildings

The Office of Information Practices

The Office of Information Practices (OIP) oversees compliance with Hawaii's Sunshine Law. If you believe your right to record a government meeting was violated, you can file a complaint with the OIP.

Recording Protests and Public Demonstrations

Your Rights at Protests

The First Amendment strongly protects the right to document protests, rallies, and public demonstrations. In Hawaii, you can:

• Film protests and demonstrations from public spaces
• Record interactions between protesters and police
• Livestream events to social media platforms
• Take photographs of participants in public areas

Protection for Recording Police at Protests

Act 164 (2016) provides specific statutory protection for recording law enforcement officers at protests and other public events. You can record police performing their duties in public without fear of privacy or obstruction charges, as long as you do not physically interfere with their operations.

Limitations at Protests

• You cannot trespass on private property to record a protest
• You must follow lawful police orders to move back from dangerous areas
• You cannot physically block traffic or create safety hazards while recording
• Counter-protesters and other attendees may ask you not to record them, but you are under no legal obligation to comply in a public space

Recording on Public Transportation

TheBus and Other Transit Systems

Hawaii's public transportation systems, including TheBus (Oahu) and county transit systems on other islands, are public spaces. You can generally:

• Record your own interactions with other passengers and operators
• Film on buses, at bus stops, and at transit centers
• Record conditions or incidents for safety documentation

Transit agencies may have their own policies about recording that could result in being asked to stop or leave, but these are administrative rules rather than criminal law restrictions.

Recording in Public Buildings

Government Buildings

Public areas of government buildings in Hawaii are generally open to recording:

• Lobbies, waiting areas, and public counters
• Legislative chambers during public sessions
• Public hearing rooms during open proceedings
• Exterior areas of government buildings

Restricted areas within government buildings (secure offices, military installations, courtroom proceedings without judge approval) may have specific rules that limit or prohibit recording.

Libraries, Museums, and Cultural Centers

Public libraries, state museums, and cultural centers may have their own policies about recording:

• Personal photography is often permitted in general areas
• Flash photography may be restricted to protect artifacts or exhibits
• Video recording policies vary by institution
• Commercial recording typically requires permission

Commercial Filming in Public Spaces

When Permits Are Required

Hawaii has a vibrant film industry, and commercial filming in public spaces often requires permits:

• The Hawaii Film Office coordinates permitting for large-scale productions
• County permitting offices handle local filming permits
• Public parks, beaches, and roads used for commercial filming typically need advance approval
• Permit fees vary based on the scope and location of the production

When Permits Are Not Required

Personal, non-commercial recording in public spaces does not require permits. This includes:

• Tourist photography and videography
• Social media content creation (in most cases)
• News gathering and journalism
• Documentation of public events and conditions

Street Photography and Privacy

Legal Status in Hawaii

Street photography, which involves capturing images of people and scenes in public places, is legal in Hawaii. People in public spaces do not have a reasonable expectation of privacy regarding their appearance and visible activities. You can photograph:

• Pedestrians on public sidewalks
• Beachgoers at public beaches
• Market and festival attendees
• Architecture and streetscapes with people present

Commercial Use of Street Photography

Using street photography for commercial purposes (advertising, product promotion) may require model releases from identifiable subjects. This is a commercial use / right of publicity issue rather than a recording law issue. For editorial, artistic, or newsworthy purposes, model releases are generally not required.

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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