Don't forget to subtract out the money they saved from reduced investment in security over that time, as well.
Noticeable? Sure. Nowhere near noticeable enough, though, in my opinion. Especially if we're serious about it and recognize this isn't going to be a top 5 fine.
If it happens repeatedly presumably the percentage will go up.
I think the only way this gets written off is if saving the money opens you up to such a low level of additional risk that you don't reasonably expect the event to happen more than once (if ever). But if the risk level is actually that low (I don't believe this to be the case, just playing out a hypothetical here) then arguably they wouldn't be in the wrong.
To put this in regular person terms, 3% of a 6 figure salary is $3k. That's more than enough to get most people's attention.