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. 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:

• 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

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

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:

• Upskirting and downblousing: Covert recording of intimate areas under or through clothing without consent
• Non-consensual intimate image recording: Recording a person in a state of undress or engaging in sexual conduct without consent
• Non-consensual disclosure: Distributing intimate images without the depicted person's consent
• Threatening to disclose: Threatening to distribute intimate images for the purpose of intimidation or coercion (added by Act 114 (2018))
• Deepfake intimate images: Creating, disclosing, or threatening to disclose AI-generated images that realistically depict a person nude or engaging in sexual conduct (added by Act 59 (2021))

Deepfake Intimate Images

Hawaii was among the early states to criminalize deepfake intimate imagery. 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

Act 164 (2016) explicitly protects video recording of law enforcement officers in public places. 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. Audio of conversations you are not part of may raise concerns.
• 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 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.

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. 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
Illegal audio interception	HRS 803-42	Class C Felony	5 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 (effective May 19, 2026) creates 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

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