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

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, unless you record it to commit a crime or a tort.

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, their appearance, or conversations anyone nearby can hear will be private. Hawaii's privacy chapter defines a "private place" as "a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access" (HRS 711-1100).

Because of that definition, most of HRS 711-1111, which protects private places, does not stop you from filming people who are out in public, and you do not need their consent.

A few parts of the law still apply in or from public places. It is a misdemeanor to covertly record an image under someone's clothing while they are in a public place (HRS 711-1111(1)(f)), to use a device outside a home or other private place to pick up sounds from inside that would not ordinarily be heard outside (711-1111(1)(e)), and to peer into a home's window to spy on the people inside (711-1111(1)(b)).

Recording at Hawaii's Public Beaches

All Beaches Are Public

Hawaii's beaches are open to the public along the shoreline. Under HRS 115-5, the law establishes a public "beach transit corridor" seaward of the shoreline, and Hawaii courts have long recognized public beach access below that line under the customary-rights and public-trust doctrines, regardless of whether adjacent property is privately owned. The "shoreline" that marks this boundary is a statutory line (commonly, though not always precisely, described as the high-water mark), not a fixed private-property boundary.

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. Covertly recording another person's intimate area underneath clothing (upskirting) in a public place, including a beach, is a misdemeanor under HRS 711-1111(1)(f)
• 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 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

One-Party Consent in Public

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, unless you record it to commit a crime or a tort. 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. Secretly recording a conversation between other people that you are not part of, without a participant's consent, is a class C felony under HRS 803-42 when the speakers reasonably expect not to be recorded. HRS 803-41 defines a protected oral communication that way, so a conversation carried on loudly in a crowd, where anyone nearby could hear it, may not qualify.

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: under HRS 92-9(c), anyone attending may record all or part of a board meeting by any means, except a meeting closed under HRS 92-4, as long as the recording does not actively interfere with the meeting
• 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

The statute names only two limits: closed executive meetings and recording that actively interferes with the meeting. In practice:

• Equipment must not disrupt the meeting
• Microphones may need to be positioned to avoid interfering with proceedings
• Flash or lighting that disrupts the meeting can count as active interference
• Courts are not boards under the Sunshine Law and set their own rules about recording

Recording Police in Public

Act 164 (2016)

Hawaii protects recording law enforcement by statute. Act 164 (2016) amended HRS 711-1111 and HRS 710-1010 so that recording or photographing a police officer doing their job in a public place, or anywhere the officer has no reasonable expectation of privacy, is not by itself a privacy violation or obstruction.

The protection has a condition. Under HRS 711-1111 it applies only if you are not interfering with the officer's ability to maintain safety and control, secure crime scenes and accident sites, protect investigations, and protect public safety, and HRS 710-1010 lets officers take reasonable action for those purposes.

As long as you do not interfere, 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, signed May 19, 2025, made it a federal crime to knowingly publish non-consensual intimate images and required covered platforms to have a notice-and-removal process for them in place by May 19, 2026. 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 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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Frequently Asked Questions

Can I film people in public in Hawaii?

Yes. Hawaii has no general prohibition on filming people in public spaces, and the First Amendment protects filming in parks, beaches, streets, and other public areas. A few laws still apply in public: it is a crime to covertly record under someone's clothing (HRS 711-1111(1)(f)) and to secretly record a private conversation between other people that you are not part of (HRS 803-42).

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, unless you record it to commit a crime or a tort. You cannot secretly record private conversations between other people that you are not part of.

Can I record a government meeting in Hawaii?

Yes. Under Hawaii's Sunshine Law, HRS 92-9(c), anyone attending an open meeting of a state or county board may record all or part of it by any means. The only limits in the statute are meetings closed under HRS 92-4 and recording that actively interferes with the conduct of the meeting.

Can I film on Hawaii beaches?

Yes. Hawaii beaches are open to the public along the shoreline under HRS 115-5 and longstanding public beach-access case law. You can film 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.