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Hawaii Video Recording Laws: Privacy Rules and Consent Requirements

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 20269 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 7 primary sources cited on this page. How we verify our legal content

Hawaii Video Recording Laws: Privacy Rules and Consent Requirements

Hawaii permits video recording in any public space where people lack a reasonable expectation of privacy, with no consent required. Installing or using a camera inside a private place requires the consent of the people entitled to privacy there under HRS 711-1111. Audio captured alongside video follows one-party consent under HRS 803-42, so a participant may record without notifying others.

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 installing or using a recording device in a private place requires the consent of the people entitled to privacy there, and whether that rule reaches a participant filming a conversation they are part of is unsettled. 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. 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, and Askins v. U.S. Department of Homeland Security, 899 F.3d 1035 (9th Cir. 2018) extended that protection to federal officers. This means you can legally:

Hawaii allows video recording in public without consent, but a camera in a private place needs consent, and filming someone undressed there without consent is a Class C felony.
Film freely in public in Hawaii; inside private places get consent, and never film anyone undressed without it.
  • 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: Hawaii's beaches are public under HRS chapter 115's shoreline-access provisions and Hawaii case law on the shoreline boundary; recording in these public areas is generally lawful
  • 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
  • Covertly recording an image of someone's intimate areas underneath their clothing (upskirting) in a public place is illegal under HRS 711-1111(1)(f), a second-degree violation of privacy; the same conduct in a private place falls under the chapter's private-place provisions
  • 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

Hawaii a folded pair of smart glasses resting on a wooden desk beside a closed notebook, soft daylight

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 the person or persons entitled to privacy there.

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

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

Hawaii a smartphone face-up on a car seat showing a glowing waveform, seatbelt and door blurred behind

Violation of Privacy in the First Degree

HRS 711-1110.9 is Hawaii's primary voyeurism statute. It is a Class C felony carrying up to 5 years in prison and $10,000 in fines. The statute covers:

  • Private-place voyeurism: Installing or using a device in a private place, without the consent of the people entitled to privacy there, to observe or record a person in a stage of undress or sexual activity
  • Non-consensual disclosure: Knowingly disclosing a nude or sexual image of an identifiable person without that person's consent, with intent to substantially harm the person or as an act of revenge or retribution (added by Act 116 (2014))
  • Threatening to disclose: Threatening to disclose such an image, with the same intent to substantially harm or as revenge (added by Act 114 (2018))
  • Deepfake intimate images: Creating, disclosing, or threatening to disclose a fake nude or sexual image that appears to show a real, recognizable person, with intent to substantially harm that person or as revenge (added by Act 59 (2021))

Upskirting (covertly recording an image of intimate areas underneath someone's clothing without consent) while the victim is in a public place is a separate, lesser offense: violation of privacy in the second degree under HRS 711-1111(1)(f), a misdemeanor under HRS 711-1111(4), not a felony under HRS 711-1110.9. The statute's text expressly conditions paragraph (f) on the victim being in a public place; the same conduct in a private place is charged under the chapter's private-place provisions instead.

Deepfake Intimate Images

Hawaii criminalized deepfake intimate imagery in 2021. Act 59 (2021) amended HRS 711-1110.9 to specifically cover:

  • AI-generated images swapping a person's face onto intimate imagery
  • Tools that digitally remove clothing from photographs
  • Any digitally manipulated image that creates a realistic intimate depiction of a real person

Hawaii Act 164: Recording Police on Video

Hawaii a phone mounted on a windshield seen from inside a parked car, an empty street blurred ahead through the glass

Act 164 (2016) protects video recording of law enforcement officers performing their duties in public places, as long as you do not interfere with their work; officers may still take reasonable action to keep control, secure crime and accident scenes, and protect investigations. Subject to that condition, you can film police during arrests, traffic stops, and other law enforcement activities in public. See Hawaii laws on recording police for full details.

Audio Captured With Video

The One-Party Rule for Video With Audio

When your video recording device also captures audio, different rules apply:

  • In public spaces: One-party consent applies. If you are part of a conversation, one-party consent is satisfied. Recording a private conversation between other people that you are not part of, without a participant's consent, can be a class C felony under HRS 803-42.
  • In private places: Installing or using a recording device needs the consent of the people entitled to privacy there under HRS 711-1111. Hawaii courts have not clearly said whether that applies to a participant recording a conversation on a phone; in State v. Lee (1984) the Hawaii Supreme Court treated a participant's own body-worn recorder as lawful, but asking for consent before recording inside someone else's private space is the safer course.
  • 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 and virtual meetings follows one-party consent under HRS 803-42. As a participant in the call, your knowledge of the recording satisfies the consent requirement. Participants in two-party consent states may have additional rights. Running both states through the recording consent checker shows whether that stricter rule applies before the call starts.

Drone Video Recording

FAA Regulations Apply

All drone operators must comply with FAA regulations:

  • Register drones over 0.55 lbs with the FAA
  • Follow Part 107 rules for commercial operations
  • Observe restricted airspace near airports and other sensitive areas
  • Comply with altitude and operational restrictions near 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, criminal liability may follow.

Workplace Video Recording

Hawaii employers 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 and, where a device can observe people undressing, HRS 711-1110.9. Employers should notify employees about the presence of surveillance cameras.

Penalty Summary

OffenseStatuteClassificationMaximum Penalty
Recording in a private place without consent, or upskirting in a public place under (1)(f)HRS 711-1111Misdemeanor1 year jail, $2,000 fine
Voyeurism / intimate image recordingHRS 711-1110.9Class C Felony5 years prison, $10,000 fine
Illegal audio interceptionHRS 803-42Class C Felony5 years prison, $10,000 fine

AI Deepfakes and Federal Developments

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.). On the federal side, the TAKE IT DOWN Act (signed May 19, 2025) has, since May 19, 2026, imposed a 48-hour platform takedown obligation for non-consensual intimate images and AI-generated deepfake intimate content. The TAKE IT DOWN Act complements Hawaii's existing HRS 711-1110.9 protections without displacing them.

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

Back to Hawaii Recording Laws

More Hawaii Recording Topics

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Frequently Asked Questions

Can I record video of people in public in Hawaii?

Yes. In public spaces like streets, beaches, and parks, you can record video without permission. Installing or using a recording device in a private place (as defined in HRS 711-1100) needs the consent of the people entitled to privacy there under HRS 711-1111. Using a device in a private place to observe or record someone undressed or in sexual activity without consent is a Class C felony under HRS 711-1110.9.

Is it legal to record video inside my home or hotel room?

You can record video in areas of your own home where you are present. However, you cannot install cameras in areas where guests or family members have a reasonable expectation of privacy, such as guest bathrooms or bedrooms. In hotel rooms, the guest has privacy rights in the space, and hidden cameras placed by others are illegal.

What is upskirting and is it illegal in Hawaii?

Upskirting is covertly recording under someone's clothing to capture intimate areas without consent. When it happens while the victim is in a public place, it is a misdemeanor violation of privacy in the second degree under HRS 711-1111(1)(f), not the felony voyeurism statute (HRS 711-1110.9); in private places the chapter's private-place provisions govern. Penalties include up to 1 year in jail and a $2,000 fine.

Can I record a video call without telling the other person?

Yes, in Hawaii. As a participant in the call, one-party consent under HRS 803-42 permits you to record without informing the other party. However, if the other participant is in a two-party consent state, that state's law may apply.

Can I use a drone to record video in Hawaii?

For personal use, drone video recording is generally legal on public land, subject to FAA regulations. You must comply with FAA airspace rules, altitude limits, and registration requirements. Using a drone to record in private places where people have a reasonable expectation of privacy may violate HRS 711-1111.

What are the penalties for illegal video recording in Hawaii?

Recording in a private place without consent is a misdemeanor under HRS 711-1111 with up to 1 year in jail and a $2,000 fine. Voyeurism and intimate image violations under HRS 711-1110.9 are Class C felonies carrying up to 5 years in prison and $10,000 in fines.

Updates

Stated that recording other people's private conversations is a felony under HRS 803-42, placed public-place upskirting correctly in the penalty table, removed an unsourced "early state" ranking, and corrected the TAKE IT DOWN Act timeline.

We corrected this page to explain that Hawaii's private-place law requires the consent of the people entitled to privacy there (not all-party consent) and may not reach a participant's own recording, that the felony voyeurism law requires a private place, that Hawaii's disclosure, threat and deepfake offenses require intent to substantially harm or revenge, that upskirting covers images under clothing, and that the police-recording protection applies only when you do not interfere.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the scope of HRS 711-1111(f): the upskirting provision applies while the victim is in a public place; private-place conduct falls under the chapter's private-place provisions.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Reattributed upskirting/downblousing from the Class C felony voyeurism statute (HRS 711-1110.9) to the correct misdemeanor privacy statute (HRS 711-1111(f)), fixing the body text, the voyeurism section, the penalty table, and the FAQ.

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Hawaii Revised Statutes 711-1111 - Violation of Privacy in the Second Degree(capitol.hawaii.gov).gov
  2. Hawaii Revised Statutes 711-1110.9 - Violation of Privacy in the First Degree(capitol.hawaii.gov).gov
  3. Hawaii Revised Statutes 803-42 - Interception of Communications(capitol.hawaii.gov).gov
  4. Hawaii Revised Statutes Chapter 92 - Public Agency Meetings and Records(capitol.hawaii.gov).gov
  5. 18 U.S.C. 2511 - Federal Wiretap Act(law.cornell.edu)
  6. FAA Part 107 - Small Unmanned Aircraft Systems(ecfr.gov).gov
  7. Hawaii Act 164 (2016) - Right to Record Law Enforcement(capitol.hawaii.gov).gov
  8. Hawaii Revised Statutes 803-48 - Recovery of Civil Damages Authorized(capitol.hawaii.gov).gov
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