Hawaii Privacy laws & HR compliance analysis

Hawaii Privacy: What you need to know

The Hawaii state constitution expressly recognizes the right to privacy (HI Const. Art. I, Secs. 6 & 7). In fact, invasion of privacy is a crime in Hawaii. Unless otherwise authorized by law, a person is guilty of violation of privacy in the first degree if he or she intentionally or knowingly installs and/or uses, in any private place without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity.
A person is also guilty of invasion of privacy in the first degree if he or she knowingly discloses an image or video of another identifiable person either in the nude or engaging in sexual conduct without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.
A person is guilty of violation of privacy in the second degree if he or she intentionally:
• Trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveillance in a private place;
• Peers or peeps into a window or other opening of a dwelling or other structure used for rest or overnight accommodations for the purpose of spying on the occupant or invading the privacy of another person with a lewd or unlawful purpose under circumstances in which a reasonable person would not expect to be observed;
• Trespasses on property for the sexual gratification of the trespasser;
• Installs and/or uses in any private place, without consent, any means or device for observing, recording, amplifying, or broadcasting sounds or events in that ...

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