Surveillance & Investigation Law · By State

Hawaii Recording, Tracking & Surveillance Laws

What's legal, what isn't, and the statutes behind it.

For reference only. Check with a licensed attorney before acting on anything here — laws and regulations change, often between updates. Last reviewed: August 2026
Official licensing board Hawaii DCCA — Board of Private Detectives & Guards ↗

At a glance

Adult subject — e.g., a spouse

One-party consent
§ 803-42
One-party consent
§ 803-42
Owner consent required
§ 711-1106.5

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

Track location — device or car you own
Legal
owner consent
Monitoring app on a phone you provide
Legal
you own it
Read files on a device you own
Legal
Record the child's calls with a third party
Seek legal advice
vicarious consent
If divorced / co-parenting
Seek legal advice
custody order

General (any subject)

State license required
§ 463
Illegal
§ 711-1110.9
One-party consent
§ 803-42
Seek legal advice
confirm w/ DCCA
Video legal · Audio consent required
§ 711-1111
Public view legal · Audio consent required
Legal in public
1st Amend.

Recording & consent

Hawaii is a hybrid. For phone and electronic communications it is one-party consent (HRS § 803-42) — a participant may record. But Hawaii also protects private places: even a participant can violate the privacy statute (HRS § 711-1111) by recording inside a bedroom, bathroom, hotel room, locker room, or similar spot where those present reasonably expect privacy.

So recording a call or a conversation you're part of is generally fine, but recording inside a private place can be a Class C felony even if you're a participant. Public conversations with no reasonable expectation of privacy are different. The federal overlay still applies.

Statutes: HRS §§ 803-42, 711-1111

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment — Hawaii sits in the Ninth Circuit, which recognizes the right — as long as you don't physically interfere. Hawaii's one-party rule for communications means openly recording a public encounter you're part of raises no wiretap problem.

Authority: First Amendment (9th Cir.)

GPS & vehicle tracking

Hawaii has no statute written only for GPS trackers. Tracking a vehicle you own or co-own is generally lawful; secretly tracking someone else can implicate Hawaii's harassment-by-stalking law (HRS § 711-1106.5) and the privacy statutes. Hawaii also has an unusually strong constitutional right to privacy. Treat non-consensual tracking as a lawyer question.

Statutes: HRS § 711-1106.5

Private-investigator licensing

Hawaii requires a state license to work as a private investigator (private detective), under HRS Chapter 463, through the Board of Private Detectives and Guards (DCCA). Applicants need about four years of qualifying investigative experience, must pass the board exam, and must post a surety bond.

Statutes: HRS § 463 · Regulator: Board of Private Detectives & Guards (DCCA)

Out-of-state investigator reciprocity

Hawaii's PI statute doesn't publish a general reciprocity license we could confirm — an investigator licensed elsewhere normally needs Hawaii licensure (experience, exam, and bond) to work here. Confirm current terms with the DCCA's Board of Private Detectives and Guards before working a Hawaii case.

Regulator: DCCA — confirm

Hidden cameras in private areas

Installing or using a device in a private place to record someone in a stage of undress or sexual activity, without consent, is violation of privacy in the first degree in Hawaii (HRS § 711-1110.9) — a Class C felony. The broader privacy statute (§ 711-1111) also reaches recording people in private places. Hidden cameras in bedrooms, bathrooms, and changing areas are off-limits.

Statutes: HRS §§ 711-1110.9, 711-1111

Cameras in your own home / nanny cams

You can put cameras in your own home, including nanny cams in common areas. The limits are stricter than most states: don't place a camera anywhere a guest, tenant, or worker reasonably expects privacy — and Hawaii's private-place rule (§ 711-1111) can reach recordings even a participant makes in such spots. Remember audio follows the recording law; a hidden mic capturing others' private conversations can be unlawful.

Statutes: HRS §§ 711-1110.9, 711-1111

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or capture their private conversations. Aim at your property, not through someone else's walls.

Authority: no expectation of privacy in public view · § 711-1111

Workplace & employee recording

Hawaii's one-party rule for communications applies at work: someone who is part of a conversation may record it. But the private-place statute (§ 711-1111) still limits secret recording in spaces like restrooms or changing areas, and secretly recording conversations you're not part of runs into the wiretap and privacy statutes. Employers should give clear notice; federal workplace rules can apply.

Statutes: HRS §§ 803-42, 711-1111

Drone surveillance

Hawaii treats drone spying seriously: recording a person in a private setting with a drone can be violation of privacy (HRS § 711-1110.9), a Class C felony — Hawaii is one of the few states where a drone-privacy violation is a felony. General flight and filming from public vantage points remain legal; FAA rules govern the airspace. Hawaii's constitutional privacy right adds further protection.

Statutes: HRS § 711-1110.9 · FAA airspace rules

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Sources: Recording — RCFP, Hawaii recording laws (hybrid); Privacy/cameras/drone — HRS § 711-1110.9 (Justia), § 711-1111; PI licensing — HRS Ch. 463 (Justia). Last reviewed August 2026.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Hawaii Codes and consult a licensed Hawaii attorney before recording, tracking, installing cameras, or gathering evidence.

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