Hawaii

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 20269 min read

Hawaii law permits recording in public spaces where no reasonable expectation of privacy exists, backed by First Amendment protections that federal courts in the Ninth Circuit have consistently upheld. For audio, Hawaii's one-party consent rule under HRS 803-42 allows you to record any conversation you participate in, even in public.

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 the Ninth Circuit, which covers Hawaii, Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. 1995) recognized a First Amendment right to film matters of public interest on public streets, and Askins v. U.S. Department of Homeland Security, 899 F.3d 1035 (9th Cir. 2018) reaffirmed that right applies to federal officers. 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

Hawaii a dome security camera in the corner of an office ceiling, soft interior daylight

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

Hawaii lapel microphone clipped to a charcoal blazer

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 is permitted in state parks
Commercial filming requires a permit from the DLNR
Specific areas within parks may have restrictions for safety or conservation reasons
Drone use in state parks requires FAA compliance and may require additional permits

National Parks

Hawaii's national parks, including Hawaii Volcanoes National Park, Haleakala National Park, and others, are governed by federal National Park Service rules. Personal photography is generally permitted, but commercial photography requires a permit. Drone use is prohibited in most national park areas.

Audio Recording in Public Spaces

Hawaii a hand reaching toward a wall-mounted intercom speaker panel, a blurred apartment lobby behind

For audio recording of conversations in public spaces, Hawaii's one-party consent law applies. Under HRS 803-42, you can record any conversation you participate in without informing the other parties. The private places exception under HRS 711-1111 does not apply in public spaces, so you can record conversations in:

Public parks and beaches
Public transportation
Streets and sidewalks
Public buildings open to the general public
Any area that is not a "private place"

Bystander Conversations

You cannot record private conversations between other people that you are not part of, even in public spaces. One-party consent requires that you be a participant in the conversation. Covert recording of other people's private conversations that you are overhearing from a distance may raise issues under HRS 803-42.

Recording Public Government Meetings

The Sunshine Law: HRS Chapter 92

Hawaii's Sunshine Law (HRS Chapter 92) requires most government board and commission meetings to be open to the public. The right to attend these meetings includes the right to record them. Under the Sunshine Law:

Public meetings must be open to the public and press
Recording is permitted at public meetings unless the board has established reasonable restrictions
Minutes of public meetings are public records that must be made available

Government Bodies Covered

The Sunshine Law applies to:

State boards and commissions
County councils and committees
School board meetings
Other government bodies exercising public functions

Restrictions on Meeting Recording

While recording at public meetings is generally permitted, some restrictions may apply:

Equipment must not disrupt the meeting
Microphones may need to be positioned to avoid interfering with proceedings
Flash photography may be restricted in some settings
Courts have more specific rules about recording

Recording Police in Public

Act 164 (2016)

Hawaii has one of the strongest statutory protections for recording law enforcement in the country. Act 164 (2016) amended HRS 711-1111 and HRS 710-1010 to explicitly protect the right to record police officers performing their duties in public places or where they have no reasonable expectation of privacy.

You can record police:

Making arrests in public
Conducting traffic stops
Responding to incidents in public areas
At protests and demonstrations
In any public setting where they are performing their duties

For complete information on recording police in Hawaii, see Hawaii laws on recording police.

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
Document arrests and use of force incidents at protests
Livestream events on social media

Counter-Protesters and Third Parties

You cannot prevent others from recording you at a public protest. If you are in a public space participating in a demonstration, other people have the right to record you.

Drone Recording in Public

FAA Regulations

All drone operators must comply with FAA regulations. For recreational drones:

Register drones weighing over 0.55 pounds with the FAA
Follow the FAA's recreational rules for altitude and airspace
Obtain FAA Part 107 certification for commercial drone operations

Hawaii-Specific Drone Rules

State parks require additional permits for drone use
National parks prohibit drones without a specific permit
Honolulu International Airport and other airports have restricted airspace requiring authorization
Flying drones over people in public spaces may raise privacy concerns even if legally permissible

Deepfakes, AI-Generated Content, and Public Recording

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.). The federal TAKE IT DOWN Act (effective May 19, 2026) imposes platform notice-and-takedown obligations for non-consensual intimate images. Neither development restricts ordinary public recording rights, but both are part of Hawaii's evolving landscape on what can lawfully be done with recordings after they are made.

More Hawaii Laws

More Hawaii Recording Laws

Back to Hawaii Recording Laws

Frequently Asked Questions

Can I film people in public in Hawaii?

Yes. Hawaii has no prohibition on recording in public spaces. The First Amendment protects your right to film in parks, beaches, streets, and other public areas. People in public do not have a reasonable expectation of privacy in their appearance or audible conversations.

Can I record audio of conversations in public in Hawaii?

Yes, for conversations you participate in. Hawaii's one-party consent law (HRS 803-42) allows you to record any conversation you are part of, including conversations in public spaces. You cannot secretly record private conversations between other people that you are not part of.

Can I record a government meeting in Hawaii?

Yes. Hawaii's Sunshine Law (HRS Chapter 92) guarantees the right to attend and record open public meetings of government boards and commissions. Equipment must not disrupt the meeting, and some boards may impose reasonable restrictions on recording equipment.

Can I film on Hawaii beaches?

Yes. All Hawaii beaches are public up to the high-water mark under the state constitution and HRS 115-5. You can film on any beach up to this boundary. Commercial filming may require permits.

Can I use a drone to record in Hawaii?

For personal use, drones are generally legal on public land, subject to FAA regulations. Drones are prohibited in most national parks and require additional permits in some state parks. All operators must register drones over 0.55 pounds and follow FAA airspace rules.

Sources and References

Hawaii Revised Statutes 711-1111 - Violation of Privacy in the Second Degree(capitol.hawaii.gov).gov
Hawaii Revised Statutes 803-42 - Interception of Communications(capitol.hawaii.gov).gov
Hawaii Constitution Article XI Section 1(capitol.hawaii.gov).gov
Hawaii Revised Statutes Chapter 92 - Sunshine Law(capitol.hawaii.gov).gov
Hawaii Act 164 (2016) - Right to Record Law Enforcement(capitol.hawaii.gov).gov
Hawaii Office of Information Practices(oip.hawaii.gov).gov
Hawaii Revised Statutes 115-5 - Public Beach Access(capitol.hawaii.gov).gov
Hawaii Revised Statutes 711-1110.9 - Violation of Privacy in the First Degree(capitol.hawaii.gov).gov

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Hawaii

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 20269 min read