Abstract: The construction of data user rights must adhere to the primary principle of “use is superior to all”, and at the same time, it should fully guarantee the priority of social public interests. In terms of the construction of right norms, data users should be included in the subject category of data rights, and the specific content of data user rights should be constructed with reference to institutional theories such as “fair use” and “usufruct”, so as to realize the full circulation and use of data and the supplementary optimization of the data rights system.

Key words: data user rights, logical basis, subject of legal relationship, construction of norms