§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.
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
803-5 By police officer without warrant.
803-8 Weapons on person arrested.
803-9 Examination after arrest; rights of arrested person.
803-11 Entering house to arrest.
803-17 United States marshal or deputy United States marshal; arrest powers.
803-21 Fugitive criminal; surrender by master of vessel.
803-22 Secreting prisoners on board; penalty.
803-23 Searching vessels without warrant; penalty.
803-31 Search warrant; defined.
803-33.5 Warrants issued on oral statements or electronic communications.
803-35 Deputies or police officers may serve.
803-37 Power of officer serving.
803-44 Application for court order to intercept wire, oral, or electronic communications.
803-44.5 Application for a pen register or a trap and trace device.
803-44.6 Issuance of an order for a pen register or a trap and trace device.
803-44.7 Application for authorization to install and use a mobile tracking device.
803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
803-46 Procedure for interception of wire, oral, or electronic communication.
803-47.5 Disclosure of contents of communication while in electronic storage.
803-47.6 Requirements for governmental access.
803-47.8 Delay of notification.