said by resa1983:
Once TSI submits costs to the court, the judge will make a decision as to how much TSI will get, and then make an order.
I'm not so sure TSI have to lose money by insisting on notifying their customers, as Marc stated.
When I called PrivCom about the Videotron, Bell & Cogeco Hurt Locker suit, they said they have a responsibility for protection of info, which Videotron, Bell and Cogeco chose to ignore.
Now I'm sure Marc got sound legal advice and Bean-counter advice, however, I just question this.
Protection can come in many forms. In this case protection came with your right to be informed (as Marc has done) when your private info can end up some place shady, and it's up to you to get legal counsil to quash.
Thus, Marc performed his duties under PIPEDA (as I see it).
Or as the Ontario Office of the Information and Privacy Commissioner (IPC.on.ca), Dr. Ann Cavoukian, would state: Marc performed his duty by having privacy built into the process as best he could under the circumstances.
So as far as I see it both fed and prov (although this is Fed regulated) Marc did his duty. Up to people to pull up their socks as well.
So, should these monies be claimed? Of course. Protection, as it pertains to Fed reg's (and even prov) has been completed.
Marc seems to think otherwise, but I would fight this and claim the cost of notice as well since it served also as protection (which many may just ignore, their choice).
Anyhow that's just my argument into the cost and why it should be costed and not come out of TSI's pocket.