Hawaii is a one party consent state, which means you can legally record a phone call as long as you are part of the conversation. Recording becomes illegal if you are not involved in the call or if you secretly intercept someone else’s conversation. Legal recordings may be used as evidence in Hawaii courts.
If you ever wondered, “Is it illegal to record a phone call in Hawaii?” you’re not alone. With so many people recording calls for safety, business, evidence, or memories, it’s important to know exactly what Hawaii law says.
The good news is that Hawaii is a one party consent state for most situations. That means you can legally record a phone call in Hawaii as long as you are part of the conversation.
However, there are some important exceptions that can turn a legal recording into a criminal offense. So let’s walk through everything in a simple, clear, conversational way.
What Hawaii Law Says About Recording Phone Calls
Hawaii’s call recording laws are found in the Hawaii Revised Statutes (HRS). These laws say that:
👉 You can record a phone call or conversation if at least one person involved consents.
👉 If you are part of the call, your own consent is enough.
This is why Hawaii is considered a one party consent state.
But there’s more you should understand before you hit the record button.
Is It Legal to Record a Phone Call Without Permission in Hawaii?
Let’s keep things simple:
If you are part of the call → You’re allowed to record it.
This means you can record:
- Personal conversations
- Business calls
- Customer service calls
- Calls where you need evidence
- Conversations for your own records
As long as you are one of the people talking.
When Recording a Call in Hawaii Becomes Illegal
There are situations where recording becomes a crime. Under Hawaii law, recording is illegal when:
You are NOT part of the conversation
If you are secretly recording two other people without being involved, this is unlawful and can be seen as interception or eavesdropping.
You use the recording for harmful purposes
If you share, publish, or misuse the recording in a way that harms someone, it may break separate privacy or civil liability laws.
You record in a space where there is a reasonable expectation of privacy
For example:
- Bathrooms
- Bedrooms
- Private office meetings
- Therapy or counseling sessions
- Private business discussions
Even if Hawaii is a one party consent state, privacy expectations still matter.
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Examples to Understand Hawaii Call Recording Laws
Let’s make this super easy with real-life examples.
✔ Legal Example
You are on a phone call with someone who is threatening you.
You press record.
This is legal because you are part of the call.
✔ Legal Example
You want to record a work meeting to take better notes.
You are on the call.
Legal.
❌ Illegal Example
You secretly record your roommates talking in the living room while you’re not present.
Illegal because you are not part of the conversation.
❌ Illegal Example
You bug someone’s office or car to capture calls that you aren’t part of.
Illegal.
Is Hawaii a One Party Consent or Two Party Consent State?
Hawaii is a one party consent state, meaning that:
- Only one participant in the conversation needs to know about the recording.
- If you are that participant, you already count as the “one party.”
This puts Hawaii in the same category as states like New York, Texas, Ohio, Colorado, and Georgia.
Two party consent states, such as California or Florida, require everyone involved to expressly give permission before recording.
Can You Record Someone Without Them Knowing in Hawaii?
This is one of the most common questions people ask.
If you are part of the conversation → Yes, you can record without telling them.
If you are NOT part of the conversation → No, it is illegal.
This is the simplest way to understand Hawaii law.
Phone Call Recording at Work in Hawaii
Workplace recording can get tricky, especially when business calls involve sensitive information.
Here’s what applies:
Employees can record a call at work
If you are part of the phone call, you can record it under one party consent rules.
Employers can record calls
However, businesses must:
- Inform customers if the call is monitored for training
- Follow federal and Hawaii privacy laws
- Avoid recording highly sensitive conversations without consent
Most companies play the familiar line:
“This call may be recorded for quality or training purposes.”
That is their way of obtaining legal consent.
Can You Use a Recorded Call as Evidence in Hawaii?
In most cases, yes.
Courts in Hawaii generally allow recordings if:
- You were legally allowed to make the recording
- The recording is relevant to the case
- It was not obtained by illegal interception
This is why many people record:
- Harassment calls
- Threatening calls
- Important business agreements
- Proof of scams
- Landlord or tenant conversations
Legal recordings can protect you.
What Happens if You Illegally Record Someone in Hawaii?
Penalties can be serious. Illegal recording may lead to:
- Criminal charges
- Fines
- Civil lawsuits
- Evidence being thrown out
- Damage to your reputation or job
It is always safer to be legal and informed.
How to Legally Record a Phone Call in Hawaii
If you want to be fully safe and compliant, follow these simple steps.
1. Make sure you are part of the conversation
If not, you must get everyone’s consent.
2. If it’s a business or sensitive matter, give a quick heads-up
Even though it’s not required, it helps avoid misunderstandings.
3. Use a trusted recording method
Many apps or devices work well.
4. Use the recording responsibly
Sharing it online or misusing it may violate privacy.
Frequently Asked Questions (FAQ)
1. Do you need consent to record a phone call in Hawaii?
You only need one party consent, which can be yourself.
2. Is it legal to record someone without them knowing in Hawaii?
Yes, if you are part of the conversation.
No, if you are not.
3. Can I record calls for evidence in Hawaii?
Yes, as long as the recording is legal.
4. Is Hawaii a one party or two party consent state?
Hawaii is a one party consent state.
5. Can employers record calls in Hawaii?
Yes, but they must respect privacy laws and usually notify customers.
6. Can a secretly recorded call be used in court?
Yes, if you were legally allowed to record it.
7. What if someone records me without permission?
If they were not part of the conversation, it may be illegal.
