Final answer:
Individuals are not immune to penalties for failing to protect PII. Failure to uphold the Fifth Amendment protections during interrogation could violate constitutional rights. Liability in medical and technical failures depends on adherence to protocols or existence of flaws.
Step-by-step explanation:
Individuals are not necessarily immune to criminal penalties if they fail to uphold their PII responsibilities. Laws such as the Health Insurance Portability and Accountability Act (HIPAA) in the healthcare sector and various state and federal privacy laws hold individuals and entities accountable for breaches in personally identifiable information (PII) protection. When it comes to law enforcement and legal proceedings, the Fifth Amendment of the U.S. Constitution protects individuals against self-incrimination during an interrogation. Therefore, police are required to notify individuals of their right to counsel and to remain silent under the Miranda rights. Failing to provide such notification can lead to a violation of the Fifth Amendment. In the context of medical procedures and equipment failures, liability concerns arise. Entities are expected to ensure the safety and effectiveness of their equipment and protocols, but fault may depend on whether established protocols were followed or if there was some inherent flaw in the protocols or equipment themselves. In each situation, the question of liability and the extent of governmental responsibility remain complex legal issues.