Hawaii Security Camera Laws: Residential and Business Surveillance Rules

Hawaii does not have a standalone security camera statute. Instead, the legality of security cameras is governed by the intersection of several laws, primarily HRS 711-1111 (violation of privacy in the second degree), HRS 711-1110.9 (violation of privacy in the first degree), and HRS 803-42 (wiretapping, for cameras with audio). The general principle is that security cameras are legal in areas where there is no reasonable expectation of privacy, and prohibited in private places without consent.

This guide covers residential security cameras, business surveillance systems, condominium and HOA rules, audio recording through security systems, and the penalties for illegal camera placement in Hawaii.

Residential Security Cameras

Your Right to Install Cameras on Your Property

Hawaii homeowners have the right to install security cameras on their own property. You can place cameras:

• At your front door, back door, and other entry points
• On your garage, carport, or driveway
• Monitoring your yard, garden, and landscaping
• In your living room, kitchen, and other common areas of your own home
• Aimed at your own mailbox or package delivery area

Restrictions on Residential Cameras

While you can monitor your own property, you must respect the privacy of others:

Do not aim cameras into neighbors' private areas. Cameras that capture the interior of a neighbor's home, their bedroom, bathroom, or other private areas could violate HRS 711-1111. Incidental capture of a neighbor's yard or driveway from your property is generally acceptable, but deliberately pointing a camera into their private spaces is not.

Do not record in private areas of your own home without consent. If you have roommates, tenants, or guests, you cannot place hidden cameras in areas where they have privacy expectations such as bathrooms, bedrooms assigned to them, or guest rooms.

Disclose cameras to visitors. While not legally required for visible cameras in your home, it is good practice to inform guests, especially overnight visitors, about the presence of security cameras in common areas.

Doorbell Cameras

Smart doorbell cameras like Ring, Nest, and others are widely used in Hawaii. These devices are generally legal because they monitor the area immediately in front of your door, which is typically a public-facing area. Considerations include:

• The camera should primarily capture your own property and public areas like sidewalks
• Audio recording through doorbell cameras follows one-party consent rules for conversations you participate in
• If the camera captures audio of passersby or neighbors, this may raise concerns under HRS 803-42

Nanny Cameras and Indoor Monitoring

Using indoor cameras to monitor childcare providers (nanny cameras) is legal in Hawaii in common areas of your home. However:

• Cameras in bathrooms or areas where the caregiver changes clothes are prohibited
• If the camera records audio, one-party consent applies; you must be a party to conversations recorded
• Video-only monitoring in common areas is the safest approach
• Disclosing the presence of cameras is recommended, though not legally required for video-only in your own home

Business Security Cameras

Where Businesses Can Place Cameras

Hawaii businesses can install security cameras in areas where employees and customers do not have a reasonable expectation of privacy:

• Entrances and exits to the building
• Sales floors and customer-facing areas
• Cash registers and checkout areas
• Parking lots and exterior areas
• Warehouses and storage rooms
• Loading docks and delivery areas
• Hallways and corridors
• Common break rooms that are open and accessible

Where Businesses Cannot Place Cameras

Cameras are prohibited in private places under HRS 711-1111:

• Restrooms and bathrooms
• Locker rooms and changing areas
• Shower facilities
• Lactation rooms and nursing spaces
• Dressing rooms in retail stores
• Private offices where employees have a reasonable expectation of privacy (this is fact-specific)

Placing cameras in these areas is a misdemeanor, and if intimate images are captured, it can be elevated to a Class C felony under HRS 711-1110.9.

Employee Notice Best Practices

While Hawaii does not have a specific statute requiring employers to notify employees about security cameras, best practices include:

• Written notice in employee handbooks about the presence and location of cameras
• Visible signage in areas under surveillance
• Disclosure during the hiring process or onboarding
• Annual reminders about monitoring practices

Retail Loss Prevention Cameras

Retail businesses can use security cameras for loss prevention purposes in customer-facing areas. Cameras are commonly placed:

• Above cash registers to monitor transactions
• In merchandise aisles to deter theft
• At store entrances and exits
• In stockrooms and inventory areas

Fitting rooms and dressing rooms are private places where cameras are prohibited.

Condominium and HOA Security Cameras

Common Area Surveillance

Hawaii's large condominium and HOA community creates unique security camera considerations. Condominium associations and HOAs can install security cameras in common areas such as:

• Lobbies and entrances
• Hallways and corridors
• Parking garages and lots
• Swimming pools and recreation areas
• Elevators
• Mail rooms
• Laundry rooms

Restrictions in Condominium Settings

• Cameras should not capture the interior of individual units through windows or doors
• Common area bathrooms and changing rooms near pools cannot have cameras
• Camera placement decisions should be approved by the board or association
• Residents should be notified about camera locations and policies

Individual Unit Owner Cameras

Individual unit owners in condominiums can install cameras on their own lanais, at their front door, and inside their own units, subject to:

• HOA or condominium association rules and bylaws
• Building management policies
• The same privacy restrictions that apply to all residential cameras
• Not aiming cameras into neighboring units or private areas

Audio Recording Through Security Cameras

The Audio Question

Many modern security cameras include audio recording capability. This adds an additional layer of legal complexity in Hawaii:

In public areas and common spaces, audio recording follows the one-party consent rule under HRS 803-42. If you are a participant in a conversation captured by your security camera, one-party consent is satisfied. However, audio that captures conversations of passersby or visitors that you are not part of may raise eavesdropping concerns.

In private places, audio recording requires the consent of all persons entitled to privacy under HRS 711-1111.

Best Practice: Disable Audio on Outdoor Cameras

To avoid potential legal issues, many Hawaii security professionals recommend disabling audio recording on outdoor security cameras that may capture conversations of neighbors, passersby, or visitors. This eliminates the risk of inadvertently intercepting communications you are not a party to.

Vacation Rental Security Cameras

Hawaii's Vacation Rental Market

Hawaii's large vacation rental industry makes security camera rules especially important. Whether you operate an Airbnb, VRBO, or traditional vacation rental, strict rules apply:

Permitted exterior cameras:

• Front door and entry area cameras
• Driveway and parking area cameras
• Exterior perimeter cameras
• Pool area cameras (in common areas, not near changing areas)

Prohibited interior cameras:

• No cameras inside the rental unit, including living areas
• No cameras in bedrooms, bathrooms, or sleeping areas
• No hidden cameras of any kind inside the rental

Disclosure Requirements

While Hawaii law does not have a specific vacation rental camera disclosure statute, major vacation rental platforms require hosts to disclose all cameras in their listings. Failure to disclose cameras can result in:

• Platform violations and delisting
• Criminal charges under HRS 711-1111 for hidden cameras in private spaces
• Civil liability for invasion of privacy

Legal Consequences for Vacation Rental Camera Violations

Placing hidden cameras inside a vacation rental in Hawaii can result in:

• Misdemeanor charges under HRS 711-1111 (up to 1 year jail, $2,000 fine)
• Felony charges under HRS 711-1110.9 if intimate images are captured (up to 5 years prison, $10,000 fine)
• Civil lawsuits from guests
• Revocation of vacation rental permits or registrations

Security Camera Data and Storage

Recording Retention

Hawaii does not have a specific statute governing how long security camera footage must be retained. Businesses and homeowners can set their own retention policies. However:

• If footage is relevant to a legal proceeding, it must be preserved (spoliation of evidence rules apply)
• Insurance companies may have specific retention requirements
• Some industries (banking, healthcare) have federal retention requirements

Data Security

Security camera footage, especially from cloud-connected cameras, should be protected:

• Use strong passwords and two-factor authentication on camera accounts
• Keep camera firmware updated
• Use encrypted connections where available
• Limit access to footage to authorized individuals
• Be aware of where cloud-stored footage is hosted and who has access

Penalty Summary

Offense	Statute	Classification	Maximum Penalty
Camera in a private place without consent	HRS 711-1111	Misdemeanor	1 year jail, $2,000 fine
Camera capturing intimate images	HRS 711-1110.9	Class C Felony	5 years prison, $10,000 fine
Audio eavesdropping via camera	HRS 803-42	Class C Felony	5 years prison, $10,000 fine

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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