Hawaii Video Recording Laws: Privacy Rules and Consent Requirements

Hawaii does not have a single comprehensive video recording statute. Instead, several laws work together to define when video recording is legal and when it crosses the line. The two most important statutes are HRS 711-1111, which prohibits recording in private places without consent, and HRS 711-1110.9, which addresses voyeurism and intimate image violations.

The general rule is straightforward: you can record video freely in public spaces where people have no reasonable expectation of privacy, but recording in private places requires the consent of everyone entitled to privacy in that location. This guide breaks down the specific rules, penalties, and practical applications of Hawaii's video recording laws.

Video Recording in Public Spaces

The General Rule

Hawaii has no general prohibition on video recording in public spaces. The First Amendment protects your right to record events and people in areas where the public has access. This means you can legally:

• Film on public beaches, streets, parks, and sidewalks throughout the Hawaiian islands
• Record public meetings and government proceedings
• Use a video camera or smartphone to document events in public areas
• Film other people in public spaces where they have no reasonable expectation of privacy
• Record public protests, rallies, and demonstrations

Public Spaces in Hawaii

Hawaii's unique geography and culture create some specific public recording contexts:

• Public beaches: All beaches in Hawaii are public up to the high-water mark under Hawaii Constitution Article XI, Section 1. You can record on any beach up to this boundary.
• State parks and trails: Recording is permitted in state parks, hiking trails, and natural areas managed by the Department of Land and Natural Resources
• Public sidewalks and roads: Standard First Amendment protections apply
• Government buildings open to the public: You can generally record in public areas of government buildings

Limitations in Public Spaces

Even in public areas, certain types of video recording are restricted:

• You cannot use video recording to facilitate stalking or harassment
• Recording up someone's clothing or down their shirt (upskirting/downblousing) is illegal regardless of location under HRS 711-1110.9
• You cannot trespass on private property to obtain a video recording
• Some government facilities may have security restrictions on recording

Video Recording in Private Places

The Private Places Rule: HRS 711-1111

HRS 711-1111 makes it a criminal offense to install or use any device for "observing, recording, amplifying, or broadcasting sounds or events" in any private place without the consent of all persons entitled to privacy in that location.

A "private place" is defined as a location where a person "may reasonably expect to be safe from casual or hostile intrusion or surveillance." This does not include places where the public or a substantial group of the public has access.

What Counts as a Private Place for Video

Under Hawaii law, the following are generally considered private places for video recording purposes:

• Private homes, apartments, and condominiums
• Hotel rooms and vacation rentals
• Private offices with closed doors
• Bathrooms, locker rooms, and changing areas
• Medical examination rooms
• Dressing rooms in retail stores
• Any enclosed area where a person has a reasonable expectation of privacy

Consent Requirements for Private Places

In a private place, you need the consent of all persons entitled to privacy before you can record video. This is a higher standard than the one-party consent rule that applies to audio recording under HRS 803-42. Importantly:

• Your own presence in a private place does not eliminate the consent requirement for others
• Consent must be obtained before the recording device is installed or used
• Hidden cameras in private places are illegal without universal consent
• A landlord cannot place hidden cameras in a rental property

Penalty for Private Place Recording

Violation of privacy in the second degree under HRS 711-1111 is a misdemeanor, punishable by:

• Up to 1 year in jail
• Fines up to $2,000
• Court-ordered destruction of the recording

Voyeurism Laws: HRS 711-1110.9

Violation of Privacy in the First Degree

Hawaii's voyeurism law under HRS 711-1110.9 provides heightened protections against invasive video recording. A person commits violation of privacy in the first degree if the person:

• Installs or uses a recording device in a private place to capture images of another person's intimate areas without consent
• Records another person in a state of undress or engaging in sexual activity without consent
• Intentionally discloses an image of another person's intimate areas that was obtained under circumstances where the person had a reasonable expectation of privacy
• Threatens to disclose intimate images without consent

Penalties for Voyeurism

Violation of privacy in the first degree is a Class C felony under Hawaii law:

Penalty	Maximum
Prison time	Up to 5 years
Fine	Up to $10,000

All recordings and images involved in violations must be sealed and remain confidential under court supervision.

Deepfake Protections

Hawaii strengthened its video privacy protections significantly through recent legislation:

Act 114 (2018) amended HRS 711-1110.9 to specifically prohibit threatening to disclose intimate images and to cover disclosures made as acts of revenge or retribution.

Act 59 (2021) further expanded the statute to criminalize the intentional creation, disclosure, or threat of disclosure of AI-generated deepfake images or videos depicting a person in the nude or engaging in sexual conduct without their consent. This makes Hawaii one of a growing number of states that specifically addresses deepfake intimate imagery with criminal penalties.

Video Recording and Audio Capture

When Video Includes Audio

Most modern video recording devices also capture audio. When your video recording includes sound, you need to consider both video recording rules and Hawaii's audio recording laws:

• In public spaces: Video recording is generally unrestricted, and audio follows the one-party consent rule under HRS 803-42. If you are part of a conversation, you can record both video and audio.
• In private places: Both video and audio recording require all-party consent under HRS 711-1111.
• Silent video only: If you record video without audio (which is unusual with modern devices), only the video-specific rules apply.

Video Calls and Virtual Meetings

Recording video calls follows the same rules as audio recording under HRS 803-42 for the audio component. As a participant in a video call, you can record without informing the other parties under one-party consent. However, if other participants are located in two-party consent states, the stricter law may apply.

Drone Video Recording in Hawaii

State Regulations

Hawaii regulates drone operations through HRS Chapter 457G and administrative rules. Key restrictions include:

• Drones cannot fly in state parks without a permit from the Department of Land and Natural Resources
• Flying drones near airports requires FAA authorization
• Recording video with a drone in a manner that violates HRS 711-1111 (private places) is illegal
• Drone operators must comply with all FAA Part 107 regulations for commercial operations

Privacy Concerns With Drones

Using a drone to record video in someone's private backyard, through windows, or in other private areas may violate HRS 711-1111. The fact that the recording device is airborne does not change the privacy analysis. If the drone captures images of a private place where someone has a reasonable expectation of privacy, consent requirements still apply.

Video Recording on Private Property

Property Owner Rights

Private property owners in Hawaii can set rules about video recording on their premises. A business or homeowner can:

• Prohibit video recording on their property
• Require consent before filming
• Ask you to stop recording and leave
• Post "no recording" signs

If you continue to record after being asked to stop, you may be subject to trespassing charges, even though the recording itself may not violate wiretapping laws.

Consent Forms for Commercial Use

If you are recording someone's likeness for commercial or business purposes in Hawaii, you should obtain proper consent. A photo or video consent form protects both the recorder and the subject by documenting permission to capture and use the images.

Video Recording at Government Facilities

Open Meetings Law

Hawaii's Sunshine Law (HRS Chapter 92) requires that government meetings be open to the public. This generally includes the right to video record:

• State legislature proceedings
• County council meetings
• Board of Education meetings
• Public commission hearings
• Other government bodies conducting official business

Courtroom Recording

Video recording in Hawaii courtrooms is subject to the rules established by the Hawaii Supreme Court. Generally, media recording is allowed with prior court approval, but there are restrictions designed to protect the rights of defendants and witnesses.

Security Cameras and Video Surveillance

Residential Security Cameras

Hawaii homeowners can install security cameras on their own property to record areas they own or control. However:

• Cameras should not be aimed at areas where neighbors have a reasonable expectation of privacy
• Recording audio with security cameras follows one-party consent rules in public areas and all-party consent in private areas
• You cannot install hidden cameras in rental properties (see landlord-tenant recording laws)

Business Security Cameras

Businesses in Hawaii can use video surveillance in public-facing areas and common work areas. Recording in bathrooms, locker rooms, and changing areas is prohibited under HRS 711-1111. Employers should notify employees about the presence of surveillance cameras.

Penalty Summary

Offense	Statute	Classification	Maximum Penalty
Recording in a private place without consent	HRS 711-1111	Misdemeanor	1 year jail, $2,000 fine
Voyeurism / intimate image recording	HRS 711-1110.9	Class C Felony	5 years prison, $10,000 fine
Deepfake creation / disclosure	HRS 711-1110.9	Class C Felony	5 years prison, $10,000 fine
Illegal interception (audio in video)	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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