During the process of digital transformation promoted by modern information technology, a clear belonging of data right is the logical precondition of data economy’s healthy development, and it’s also the primary part of constructing the legal system of data property right and interest. However, China hasn’t enacted clear provision of it, and the existing theories haven’t formed consensus. The belonging of data right contains two aspects, the first one is the belonging of personality right and interest, and the second one is the belonging of property right and interest. The legislation of personal data protection and the general theory of personality right reveal that, when distinguishing personal data from non-personal data, the personality right and interest of data belong to the natural persons who are recognized or recognizable. The belonging of data property right and interest is the focus of research disputes, but it doesn’t have conclusion. Because different researchers have different points of view, and they lack convictive standards of the belonging of data right. Therefore, the key to solve the problem is researching systematically the theory basis and practice clue of allocation of property right and interest, analyzing the allocation standards of the belonging of data right from three dimensions: theoretical basis, legal standard and judicial standpoint. On the dimension of theoretical basis: we should consider the applicability of incorporation theory, projection theory, labor theory and convention theory from the philosophy of law, to figure out who invest labor and money on the data, and which belonging could meet social consensus; comb the social history context of property right allocation from the anthropology of law, to figure out who need the safeguard to promote production enthusiasm and social productivity; analyze the economic factors of property right allocation from the economics of law, to figure out who have incentive necessity and who can utilize data efficiently. On the dimension of legal standard: we should extract legislation spirit of property right allocation from the legal norm of property, intellectual property, trade secret and database, to figure out which allocation of data property right could conform to the inherent regularity of legislation. On the dimension of judicial standpoint: we should summarize the basic opinions of the judicial authority from judgement results and reasons at home and abroad, to figure out which allocation of data property right is in line with the practice of judicial authority. After analysis and verification, although the above three dimensions have different angles of view, they contain a common principle which called "the sower is the reaper" in different extent, and they tend to allocate the property right and interest of data to the subject who collects and processes the data lawfully. The subject can be called legal data controller, who determines the purposes and means of the processing of data. In practice, the data controller contains internet companies, IoT companies and artificial manufacture companies, and so on.