Crypto assets 2014-15 to 2025-26 financial years data matching program

I refer to your letter dated 9 April 2024 regarding the Crypto Assets Data-Matching Program to request an extension of the Crypto Assets Data-Matching program to include financial years from 2014-15 to 2025-26.

I understand that under the data matching program, the ATO is seeking to obtain data relating to crypto transactions and account information from designated service providers (DSPs). The data obtained will be used to identify the buyers and sellers of crypto- assets and quantify the related transactions. The ATO will match data provided by DSPs against its records to identify individuals who may not be meeting their registration, reporting, lodgement or payment obligations.

In 2019, the Australian Information Commissioner granted an exemption to the ATO to publication conditions contained in Guideline 3.4a(iii) of the Guidelines on Data Matching in Australian Government Administration (the Guidelines). Specifically, the ATO was granted an exemption from publishing the names of the crypto asset designated service providers who are selected to provide data, both in the gazette notice and the protocol document, on the basis that to publish would cause a commercial disadvantage.

The ATO now seeks an exemption on the same terms as the exemption that was originally granted to include financial years from 2014-15 to 2025-26.

Consideration of issues under Guideline 10

Under Guideline 10, in seeking an exemption an agency must:

• advise the Commissioner in writing of the details of the proposed data matching program
• specify how the proposed data matching program would be inconsistent with the Guidelines
• explain the public interest grounds that justify the inconsistency.

In my view, the ATO’s correspondence in relation to this exemption request satisfies these requirements. This includes explaining the public interest grounds for the exemption in the program protocol, including:

• unfairly identifying ride sourcing facilitators cooperating with the ATO leading to a potential disadvantage for those named
• create the perception that may damage relationships between named businesses and their customers
• potentially impact the Government’s intent to promote a ‘level playing field’ for commercial enterprises.

Consistent with Commissioner Falk’s views held in 2019, I accept that there are reasonable public interest grounds for granting an exemption to the ATO for publishing the names of the crypto asset designated service providers for the Crypto Assets Data-Matching Program for the 2014-15 to 2025-26 financial years.

Exemption approval

I have considered the information provided by the ATO and agree that compliance with the publication of the source entities would reduce the effectiveness of the ATO’s data matching program by compromising source entities’ willingness to participate and cooperate with the data matching program. I am satisfied that the public interest grounds outlined by the ATO justify departing from the Guidelines.

I approve the ATO’s request to refrain from publishing the names of the crypto asset designated service providers who are selected to provide data both in the gazette notice and the protocol document.

The exemption is only applicable to the data collected for the Crypto Assets Data- Matching Program for the 2014-15 to 2025-26 financial years.