5. Troy Doucet - Customer Data & Privacy

DAVID:

Right, Troy. Well, here we are. We're doing this consumer data podcast. Thank you for being here. It's an honor to have you, and I really appreciate you being available. I guess to get things started, maybe just tell me your background, what you've been up to for the past little while, and then I can tell people why I reached out to you and go from there.

 

00;00;22;12 - 00;00;42;20

TROY:

Yeah, sounds good. Thanks, DAVID:. And thanks for having me on. I appreciate the opportunity to speak to this a little bit. I'm a lawyer. I'm a consumer protection lawyer located in Ohio. Most of my work is in the finance, mortgage, real estate, and finance-related areas, although I do a fair amount and I have done a fair amount with general consumer protection.

 

00;00;43;05 - 00;01;01;16

TROY:

My background is in the mortgage business before I went to law school, and then when I went to law school, it was about learning everything I could about litigation and consumer protection and then coming out into practice in 2010. It's all been about consumer protection, and some business litigation as well. But for the most part, it's how consumers are protected.

 

00;01;01;28 - 00;02;28;20

DAVID:

So it's very interesting. And that's pretty much exactly why I reached out to you. I'm fascinated by well, first of all, just the acceleration of technology that is allowing misuse and use of consumers' data. And to me, there are three primary, I guess, stakeholders that are involved in that. And why I reach out to you is because I wanted to hear it from your perspective, like how it's all been going.

 

And so the whole podcast and the series is going to change and become whatever it needs to become to address the right issues. And so talking to you and then deciding where to go from there, we'll change the topics that we end up discussing. But for me, I'm like personally just really curious how it all fits together, the landscape from a law perspective, but also from just the everyday Joe kind of perspective.

 

And also like how do businesses react to this? Because they're going to be primarily driving a lot of the technology that is used to access data. That all being said, I'm ready to jump off into this because I'm excited to hear your whole take on everything. So let's just start from the very beginning sure. Could you try to, I know it's impossible to get it all, but could you try to paint a picture for me and then everyone else as well?

 

Just the history of consumer data. And then also just from your perspective from the law, how it's gotten to where it's at and like how did it all start? Why do we even call it consumer data protection?

 

00;02;28;28 - 00;05;30;29

TROY:

Well, good questions. It actually all started, I would say in 1805. There's this [laugh] and I'll tell you why in just a second. But I think with this with data, you really have two areas of the law coming together and butting heads or controlling data in general, and that's property law and contract law. The question really is about first I'd say property; What is property? What is the data who does it belong to? How is it created? When does the transfer from one person to another and who ultimately owns it?

 

Ultimately, the question is who gets to make money on it, right? I mean, it all comes down to money. But outside of that, the question is, is property 1805 there's this case Pearson V Post that all law students just about every law student in the United States will stu