2013 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-48 Recovery of civil damages authorized.

Note

Heading reenacted by L 2006, c 200, pt of §4.

Law Journals and Reviews

Hawaii's New Wiretap Law. 14 HBJ No. 3, Fall 1978, pg. 83.

The Lum Court and the First Amendment. 14 UH L. Rev. 395 (1992).

Case Notes

Warrantless recordation by party to conversation did not violate this part. 64 H. 659, 649 P.2d 346.

Provisions of this part and article I, §7 of state constitution not relevant to question of legality of electronic eavesdropping activities conducted in California. 83 H. 187, 925 P.2d 357 (1996).

§803-48 Recovery of civil damages authorized. Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall (1) have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications, and (2) be entitled to recover from any such person:

(A) The greater of (i) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, or (ii) statutory damages of the greater of $100 a day for each day of violation or $10,000;

(B) Punitive damages, where appropriate; and

(C) A reasonable attorney's fee and other litigation costs reasonably incurred.

The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part. [L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200, pt of §4]