Can you record a phone call in Hawaii?
One person on the call can record it, and that can be you. The same one-party rule covers in-person talks you take part in; a separate privacy law bans planting recording devices in private places without consent.
- Phone calls
- Hawaii Revised Statutes 803-42(b)(3)(A) allows a person to intercept a wire, oral or electronic communication when that person is a party, or one party gave prior consent. The exception is lost if the aim is to commit a crime or a civil wrong. So you may record your own calls, and in-person talks you take part in, without telling the others.
- Business calls
- Hawaii's recording law does not require a beep or announcement when you or your staff take part in a call or meeting. Never leave a recorder in a private room to capture talks you are not part of. Callers in all-party states such as California should be told at the start.
- What counts as consent
- Your own consent as a participant is enough for calls and in-person talks, with no announcement needed. In someone's home or hotel room, ask before you record: the privacy law's wording is broad.
- Penalties
- Unlawful interception is a class C felony: up to 5 years in prison and a $10,000 fine. Victims can sue for at least $10,000. Planting a recorder in a private place is a misdemeanor (up to 1 year, $2,000).
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- Some guides list Hawaii as all-party in private places. Its privacy law (711-1111) bans installing or using a recording device in a private place, such as a home, without consent of those entitled to privacy there.
- In State v. Lee (1984), the Hawaii Supreme Court found an undercover officer's hidden recording in a private office lawful, relying on commentary that such rules do not stop one party recording another. No later ruling on this was found.
- If the other person is in an all-party state such as California, that state's law can apply to your call (Kearney v. Salomon Smith Barney, California Supreme Court, 2006).
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- Hawaii Revised Statutes 803-42, Interception, access, and disclosure of wire, oral, or electronic communicationsstatute
- Hawaii Revised Statutes 711-1111, Violation of privacy in the second degreestatute
- Supreme Court of Hawaii: State v. Lee, 67 Haw. 307, 686 P.2d 816 (1984) (vLex)court
- Reporters Committee for Freedom of the Press: Hawaii recording guideguide
- Wikipedia: Telephone call recording lawsguide
Other states
More free tools
Questions
Is Hawaii a one-party consent state?
Yes. One person on the call can record it, and that can be you. The same one-party rule covers in-person talks you take part in; a separate privacy law bans planting recording devices in private places without consent.
Can a business record calls in Hawaii?
Hawaii's recording law does not require a beep or announcement when you or your staff take part in a call or meeting. Never leave a recorder in a private room to capture talks you are not part of. Callers in all-party states such as California should be told at the start.
What counts as consent in Hawaii?
Your own consent as a participant is enough for calls and in-person talks, with no announcement needed. In someone's home or hotel room, ask before you record: the privacy law's wording is broad.
What happens if you record a call illegally in Hawaii?
Unlawful interception is a class C felony: up to 5 years in prison and a $10,000 fine. Victims can sue for at least $10,000. Planting a recorder in a private place is a misdemeanor (up to 1 year, $2,000).
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
