Hawaii limits when security device companies share recordings with police

An operator may share a user's device data with law enforcement only with the user's written consent, a judicial warrant, or in a qualifying emergency. This applies to companies that develop, provide, or operate a residential security or monitoring device that records images or audio and stores, sends, or provides remote access to recordings over a digital network. It excludes computers, tablets, and phones used incidentally to record; devices used only for live two-way communication without recording; government public-surveillance devices; and stores that only sell a device or provide access. An emergency qualifies only when a kidnapping, abduction, or hostage-taking by force or threat creates an imminent danger of death or serious bodily harm. There must not have been enough warning to get court approval first. The officer must reasonably believe a court would approve the order. The data must be necessary, the only potential data available, and accessible before a warrant could issue. The law takes effect July 1, 2026.

An operator must tell users clearly that they do not have to agree to share data with law enforcement and may still use the device if they refuse. This applies to operators of smart household security devices covered by the law. The notice must be clear and easy to see. An operator may not make consent a condition of using the device. The law takes effect July 1, 2026.

The attorney general may sue over a violation to seek a court order, damages, and legal costs. Private parties may not sue to enforce this section or under another law based on its violation. These enforcement provisions apply to violations of the restrictions on sharing smart household security device data with law enforcement. Damages are the greater of actual damages or a civil penalty under state law. The law's duties and remedies add to those under other laws and do not remove them. The law takes effect July 1, 2026.