Hawaii
Hawaii Employee Monitoring Laws: Employer Rules (2026)
Hawaii is one of 27 states that bars employers from demanding an employee's social media password, under Haw. Rev. Stat. § 487G-3. Beyond that specific protection, Hawaii has no general electronic-monitoring notice statute, and its one-party consent recording law lets employers who are party to a call monitor it without telling everyone involved.
Information in this article was last verified on July 9, 2026. This page addresses Hawaii employer monitoring law only. It has not been reviewed by a Hawaii-licensed attorney.
The federal baseline and Hawaii's place in it
Hawaii has not enacted a general electronic-monitoring notice statute, so the Electronic Communications Privacy Act's "ordinary course of business" exception (18 U.S.C. § 2511(2)(a)(i)) supplies much of the federal floor for employer monitoring here, the same as in most states. That exception lets an employer that owns the phone, email, or computer system it provides intercept communications on that system in the ordinary course of business.
The leading case narrowing that exception, Watkins v. L.M. Berry & Co., 704 F.2d 577 (11th Cir. 1983), came out of the Eleventh Circuit, not the Ninth Circuit where Hawaii sits, so it is persuasive rather than binding here. Its core holding, that an employer monitoring a call for a legitimate business reason must stop listening once the call is identified as personal, is nonetheless widely cited nationally and reflects the general shape of the ordinary-course exception that Hawaii courts would likely apply. For the full one-party/all-party consent framework, see this site's United States recording laws hub; this article focuses on the employer-monitoring layer specific to Hawaii, not the general wiretap rules.
Hawaii's social media password law protects employees directly
This is the one area where Hawaii's law goes well beyond the federal baseline. Haw. Rev. Stat. § 487G-3, part of the Uniform Employee and Student Online Privacy Protection Act, prohibits an employer from requiring, coercing, or requesting that an employee or applicant disclose the login information for a personal online account, grant the employer access to it, change its privacy settings, or access it in the employer's presence. An employer also cannot require an employee to add a supervisor as a contact or connection, and cannot take adverse action, such as discipline, demotion, or termination, against an employee who refuses to comply.
The statute carves out real exceptions rather than banning employer access outright. An employer may still view information an employee has made publicly available, may comply with a legal obligation to screen employees under other law, and may request specific content, without demanding login credentials, when investigating a report of employee misconduct or a workplace-safety threat. Haw. Rev. Stat. § 487G-5 backs the protection with a genuine private right of action: an employee whose § 487G-3 rights are violated can sue the employer directly, which is meaningfully stronger than the many states that have no social-media-password law at all. Hawaii is one of 27 states with this kind of protection, according to the National Conference of State Legislatures' tracker; Florida and Georgia, by contrast, have none.
No general electronic-monitoring notice statute
Outside the social media context, Hawaii has not adopted an electronic-monitoring notice law comparable to Connecticut's § 31-48d, Delaware's § 705, New York's Civil Rights Law § 52-c, or Maine's 26 M.R.S. § 620-A, each of which requires advance written notice before an employer monitors phones, email, or internet use generally. A Hawaii employer that starts monitoring company email or computer activity, outside the social-media-account context that § 487G-3 covers, is not triggering a separate state notice statute, because Hawaii does not have one for general electronic monitoring.
Hawaii's one-party consent rule and the private-places exception
HRS 803-42 makes Hawaii a one-party consent state: a person, including an employer, who is a party to a communication, or who has the consent of one party, can lawfully record it. That means an employer sitting in on a call it participates in, or one that has obtained one participant's consent through an acknowledged monitoring policy, satisfies Hawaii's state consent requirement.
HRS 711-1111 complicates that picture inside enclosed private spaces. It is a misdemeanor to install or use a device to overhear or record a private conversation occurring in a place, such as a closed-door office, where the speaker reasonably expects privacy, without the consent of the people present. In practice, that means an employer can generally rely on one-party consent to record a conversation happening in an open work area, but recording inside a manager's private office without the other person's knowledge can cross into the private-places statute even though the employer is present. Open floor plans, break rooms, and conference rooms are not "private places" for this purpose. This site's Hawaii recording laws guide and its Hawaii workplace recording laws page cover both statutes and the employee's own right to record at work in more depth; this article addresses the reverse direction, what the employer may do to the employee.
Video surveillance and private places
The same private-places framework under HRS 711-1111 governs where an employer can point a camera, and Hawaii's voyeurism statute, HRS § 711-1110.9, escalates recording in a bathroom, locker room, or similar space into a more serious offense. An employer can generally install security cameras covering a sales floor, warehouse, or entrance without running afoul of either statute, but a camera aimed into a restroom or changing area is not defensible under either one, regardless of the stated business purpose.
GPS and vehicle tracking
Hawaii takes an unusually strict approach to GPS tracking generally: HRS 803-42(a)(8) makes it a Class C felony, punishable by up to five years in prison and a $10,000 fine, to install or use a mobile tracking device without a warrant or court order. But the statute's own exception is what matters for employers. HRS 803-41 excludes from the definition of "tracking device" one installed with the consent of the vehicle's owner or the person in lawful possession of it, and an employer tracking a vehicle it owns falls squarely within that exception. Hawaii has no separate statute requiring an employer to give an employee advance written notice before tracking a company vehicle, unlike New Jersey's dedicated tracking-notice law; the felony exposure runs only to tracking a vehicle the employer does not own or lease. This site's Hawaii GPS tracking laws guide covers HRS 803-42(a)(8) and its exceptions in full.
Biometric time clocks
Hawaii has not enacted a biometric privacy statute comparable to Illinois' Biometric Information Privacy Act (740 ILCS 14), which requires written consent before an employer collects a fingerprint or face scan and gives employees a private right of action over violations. A Hawaii employer using a fingerprint or facial-recognition time clock is not subject to an equivalent state consent duty. Nationally, this remains an area of active litigation risk: BIPA class actions against trucking and logistics companies over driver-facing cameras produced a $4.25 million settlement (Lytx, approved July 2025) and a roughly $3.95 million settlement (Samsara, August 2025), both over facial-geometry data collected without written consent, a useful reminder for any Hawaii-based employer with operations or drivers who cross into Illinois.
More Hawaii Laws
- Hawaii AI Meeting Recording Laws
- Hawaii Alimony Laws
- Hawaii At-Will Employment Laws
- Hawaii Car Accident Laws
- Hawaii Car Seat Laws
- Hawaii Child Custody Laws
- Hawaii Child Support Laws
- Hawaii Common Law Marriage Laws
- Hawaii Dashcam Laws
- Hawaii Data Privacy Laws
- Hawaii Deepfake Laws
- Hawaii Divorce Laws
- Hawaii Dog Bite Laws
- Hawaii Drone Laws
- Hawaii Emancipation Laws
- Hawaii Expungement Laws
Disclaimer
This article provides general legal information about Hawaii employer monitoring law as of July 9, 2026. It addresses Hawaii statutes and the federal Electronic Communications Privacy Act as they apply to workplace electronic monitoring, social media privacy, call recording, video surveillance, and GPS tracking. It is not legal advice and does not create an attorney-client relationship. Employment monitoring disputes are fact-specific; consult an attorney licensed in Hawaii for advice about a specific situation.
Related articles
- Hawaii Recording Laws: One-Party Consent Rules
- Hawaii Workplace Recording Laws
- Hawaii GPS Tracking Laws
- United States Recording Laws by State
- Employee Monitoring Laws by State
Last updated: July 9, 2026. Statutes cited reflect their in-force version as of that date.
Frequently Asked Questions
Can my employer ask for my social media password in Hawaii?
No. Haw. Rev. Stat. § 487G-3 bars employers from requiring, coercing, or requesting an employee's or applicant's social media login credentials, with narrow exceptions for misconduct investigations and publicly available information. An employee can sue over a violation under § 487G-5.
Does my Hawaii employer have to notify me before monitoring my email or computer?
No, outside the social media context. Hawaii has no general electronic-monitoring notice statute comparable to Connecticut, Delaware, New York, or Maine.
Can my [employer record](/can-an-employer-record-conversations-without-consent) my work calls in Hawaii?
Generally yes, if the employer is a party to the call or has one participant's consent, since Hawaii is a one-party consent state under HRS 803-42. Recording inside an enclosed private office without consent can be different under HRS 711-1111.
Can my employer put a GPS tracker on my company car in Hawaii?
Yes. HRS 803-41 excludes a tracking device installed with the vehicle owner's consent from Hawaii's tracking-device felony, so an employer tracking a vehicle it owns or leases is not committing an offense, even without a separate written notice to the employee.
Can my employer add me as a friend or connection on social media without my consent?
An employer cannot require an employee to add a supervisor as a contact or connection under Haw. Rev. Stat. § 487G-3. A truly voluntary request, made clear as not mandatory, falls outside the prohibition.
What can my employer do if it suspects I posted something on social media that violates company policy?
Haw. Rev. Stat. § 487G-3 lets an employer request specific content, without demanding login credentials, when investigating a report of employee misconduct or a workplace-safety threat, and an employer can always view what an employee has made publicly available.
Sources and References
- Haw. Rev. Stat. § 487G-3, Protection of Employee Online Account(capitol.hawaii.gov).gov
- Haw. Rev. Stat. § 487G-5, Civil Action (private right of action for employer social-media-privacy violations)(capitol.hawaii.gov).gov
- Haw. Rev. Stat. § 803-42, Interception Prohibited; Mobile Tracking Devices (Hawaii's one-party consent and GPS tracking statute)(capitol.hawaii.gov).gov
- Haw. Rev. Stat. § 711-1111, Violation of Privacy in the Second Degree (private-places recording rule)(capitol.hawaii.gov).gov
- 18 U.S.C. § 2511(2)(a)(i), Electronic Communications Privacy Act, "ordinary course of business" exception(law.cornell.edu)
- Watkins v. L.M. Berry & Co., 704 F.2d 577 (11th Cir. 1983), persuasive authority narrowing the ordinary-course exception once a call is identified as personal(law.resource.org)
- National Conference of State Legislatures, "Privacy of Employee and Student Social Media Accounts" (50-state tracker)(ncsl.org)