Data rights is a realistic demand for the openness and sharing of data in Big Data Era, which can guarantee and promote the circulation and application of data between equal civil subjects. There is no direct regulation on this in the current law, but the Article 127 of the General provisions of Civil Law in China leaves room for this. In big data, the "derivative data" coincides with the characteristics of the object of intellectual property right which is creative, invisible, reproducible and non-expendable and has the characteristics of property. However, the "derivative data" cannot be classified into the object category of the existing intellectual property right, so it is necessary to construct a new type of intellectual property right by means of legalization which includes specific rights such as marking right, storage right, usage right and so on. In the process of determining the subject of data rights, it should be inclined to protect the interests of the subject who control the derivative data.