2019 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
803. Arrests, Search Warrants
803-48 Recovery of civil damages authorized.

Universal Citation: HI Rev Stat § 803-48 (2019)

§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]

Revision Note

In the first sentence, (1) and (2) reformatted as paragraphs (1) and (2) and (A)(i) and (ii) reformatted as clauses (i) and (ii) pursuant to §23G-15.

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