On July 31, 2020, the third lecture of Luojia Network Governance Forum, hosted by Wuhan University School of Law and the Research Base of International Governance of Cyberspace, Wuhan University Network Governance Research Institute, and co-organized by Beijing Deheng Law Offices (Wuhan), was successfully hold online.

Associate Professor Xu Ke, Executive Director of the Center for Digital Economy and Legal Innovation at the University of International Business and Economics and Associate Professor of the Law School of the University, gave a lecture on the topic of " China's Data Security Law from a Global Data Game Perspective ", while Researcher Hong Yanqing of the Law School of Beijing Institute of Technology and Professor Zhang Suhua of the Law School of Wuhan University discussed as the guests. The lecture was moderated by Professor Huang Zhixiong, Vice Dean of Wuhan University School of Law and Executive Dean of Network Governance Research Institute.

Prof. Huang first welcomed the participants. He pointed out that the guarantee of data security is the core issue of cybersecurity, and the competition for data resources is also one of the focal points of the current cyberspace game of great powers. Prof. Huang then introduced the keynote speaker, Associate Prof. Xu, and the important influence of Researcher Hong and Prof. Zhang in the field of data security governance.

The first phase of the lecture was a keynote speech by Associate Prof. Xu. The speech was divided into three parts. In the first part, "Global Data Game: Background of Data Security Law", he said that the Data Security Law is both domestic and international, and international data game is an indispensable key to understand the Data Security Law. After that, he explained the four aspects of the Data Security Law (Draft), including its mystery, original intention, iteration and changes.

He pointed out that the digital economy is not only complementary to the traditional economy, but also a new driver of economic development. The global digital economy competes on different levels such as infrastructure, platforms, payments, currencies and digital taxes. Against this backdrop, the formulation of the Data Security Law has produced subtle changes. As a result, China's Data Security Law has seen a shift from a single national security to a composite legislative objective; an organizational shift from top-down regulation to collaborative governance; a shift from a special law in the National Security Law to a basic law in the digital domain in terms of positioning; and a shift from public law to hybrid legislation in terms of its nature.

In the second part, "Dismantling the Global Game: Prisoner's Dilemma and Hawk-Dove Game", Prof. Xu analyzed the basic dynamics of the two game modes: Prisoner's Dilemma and Hawk-Dove Game. He believed that in the Prisoner's Dilemma model of data wars, more and more countries take measures to localize data, which will lead to damage to all countries. In the hawk-dove game model of the rule war, victory depends on the will shown by countries and their ability to bear the consequences.

In Part III, "How to Play the Game: Strategies and Tactics for the Data Security Act," Prof. Xu argued that getting out of the prisoner's dilemma requires a new understanding of the dual value of data to the digital economy. In the game of hawk and dove, China can adopt a reciprocal response strategy, including the use of explicit rules such as export controls, data access and blocking decrees, and the use of invisible rules such as data security reviews and data pairs.

Prof. Xu said that China should set a strategic goal that matches its own capabilities and decisive adjustments to break the prisoner's dilemma and avoid the bad situation of the hawk-dove game. China should adhere to the bottom-line principles of national security and personal information protection, establish a relationship of trust between countries, promote the free flow of data, and provide Chinese wisdom for global data governance.

Researcher Hong analyzed the three levels of data security, information protection at the individual level and data security at the national level. Firstly, he argued that cybersecurity law and data security law are in line with each other. Secondly, regarding the individual level, he mentioned the concept of "Intelligence Situational Awareness" and pointed out the sharing of personal data. Comparing the GDPR and CLOUD ACT, the Data Security Act needs to be more complete on the third level.

Prof. Zhang Shuhua first compared the Data Security Law (Draft) and the Data Security Management Measures, and concluded that the current Data Security Law is more macro; while the Data Security Management Measures are more detailed and specific. At the same time, she suggested that the Data Security Law can wait for the development of local regulations before enacting, otherwise it will tie up the local regulations. Secondly, Prof. Zhang believed that the Data Security Law (Draft) is intended to give equal emphasis to both security and development, but the development of data actually takes up less weight. Prof. Zhang also made suggestions for the Data Security Law from the structural point of view. Lastly, Prof. Zhang made a number of specific suggestions on the lack of data sharing issues and the lack of thoroughness of data liability provisions in the Data Security Law.

The last stage of the lecture was a Q&A session. The speaker and the talker answered questions on "Ownership of Personal Data", "Differences in Penalties for Data Infringement in Different Countries", and "Possible Impacts of the Data Security Law after its enactment". The guest of honor answered patiently. After that, Prof. Xu asked Prof. Huang a question about international rule-making on data flow. Prof. Huang argued that a step-by-step progression through regional rulemaking towards rulemaking under the UN framework should be a more pragmatic option for China.

Prof. Huang said that the lecture given by Prof. Xu reflected the international development trend of data governance, from the global data game and China's practical concerns to China's data security, focusing closely on issues raised by the Data Security Law.

Finally, Prof. Huang thanked the three experts again and the lecture came to a successful end.

Edited by Yuan Yuhang & Wu Liuqing