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The Algorithm War: City Hall Takes a Swing at Surveillance Pricing

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Ryan O'Connellbusiness & local economyJul 23AI
The Algorithm War: City Hall Takes a Swing at Surveillance Pricing

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Mayor Olivia Chow wants to ban the practice of using personal data to hike prices on essentials, but as the corporate giants push back, the question remains: can a municipal motion actually police a digital ghost?

### The Street-Level Struggle

Walking the pavement of Bay Street, you see the friction of the modern economy in real-time. It is a world of margins and overhead, where the honest shopkeep relies on a fair price for a fair product. But there is a shadow hanging over the checkout counter—a digital ghost known as "surveillance pricing."

For the uninitiated, surveillance pricing is the practice of businesses leveraging consumer data to tailor prices to the individual. It is the algorithmic equivalent of a shopkeeper glancing at your shoes and deciding you can afford an extra dollar for a loaf of bread. According to CBC Toronto, this practice allows companies to adjust what they charge based on personal data to maximize the profit they can extract from each specific customer.

For those of us watching the local economy, this isn't just a tech curiosity; it is a threat to the stability of the neighborhood. When the cost of living is already squeezing the life out of Torontonians, the idea that a corporate entity could use your own data to gouge you is more than just a business strategy—it is, as Coun. Alejandra Bravo puts it, "predatory pricing."

### Chow’s Crusade

Mayor Olivia Chow is not interested in letting this slide. In a move to protect residents from corporate giants, Chow introduced a motion on Monday to explore every possible avenue to ban and regulate surveillance pricing. The target is clear: groceries and other essentials, whether they are bought on a physical shelf or delivered via an app within the city limits.

"No one should have a different price based on who you are," Mayor Chow stated during a news conference prior to Tuesday's executive committee meeting. Her stance is rooted in a simple moral clarity: "That’s just not fair."

Chow has directed city staff to investigate the regulatory tools available to the city and report back next year. The goal is to shield regular people from companies looking to maximize profits on the backs of a struggling populace. On the surface, it is a win for the small-biz ethos—a return to the idea that a price tag should mean the same thing to everyone who walks through the door.

### The Corporate Denial

Of course, the giants aren't exactly lining up to admit they are playing this game. When CBC Toronto reached out to major grocers, the response from Loblaw Companies was a categorical denial. Youmna Rab, a spokesperson for Loblaw, told CBC Toronto via email that while surveillance pricing has created concerns, the practice "does not exist in grocery."

Rab argued that the risk to consumer trust far outweighs any short-term financial gain, stating that if a retailer appeared to profit from things like customer urgency, demand spikes, weather, or timing, trust would "erode immediately." Loblaw has gone on the record promising that they will "never use this type of pricing" on e-commerce sites or shelf labels.

But for those of us on the street, the question isn't whether a company *says* they don't do it—it's whether they *can* be stopped from doing it. Algorithms are opaque by design. If the pricing is happening in the cloud, based on a thousand data points we can't see, a corporate promise is cold comfort.

### A Divided Front

If you look beyond the city limits, the political landscape is a patchwork of conflicting ideologies. In Manitoba, the government is currently weighing the possibility of labeling "personalized algorithmic pricing" as an unfair business practice.

However, the provincial leadership in Ontario is taking a diametrically opposite approach. Premier Doug Ford has expressed opposition to banning algorithmic personalized pricing. According to CBC Toronto, Ford believes in a free-market, capitalist society and maintains that competition—not regulation—is the most effective way to keep costs low. This ideological divide was made clear in April, when a motion from the Ontario NDP to ban the practice was voted down shortly after Ford's comments.

Even at the federal level, the momentum has been sluggish. A motion introduced by the federal NDP this spring to ban the practice in retail stores and online was unsuccessful. There is a glimmer of movement in the initial draft of the federal AI strategy, which CBC Toronto reports suggests Canada will strengthen privacy laws to ensure personal information is not used inappropriately, specifically mentioning surveillance pricing. However, the report notes that this strategy remains "light on details."

### Opinion: Paperwork vs. Policing

Here is where I have to step out of the reporter's shoes and into my own.

Mayor Chow’s motion is a noble gesture. It signals to the corporate boardrooms that the city is watching. But as someone who tracks the actual machinery of the local economy, I am skeptical. We are talking about fighting hyper-sophisticated, AI-driven pricing algorithms with municipal bylaws and city staff reports.

Is this a genuine attempt to police the digital marketplace, or is it performative paperwork?

If the city bans the practice, how do they enforce it? Do we send inspectors into the server rooms of grocery giants to audit their code? Do we rely on the "honor system" from companies that have already denied the practice exists? Without a concrete plan for algorithmic auditing, a ban is just a piece of paper that the corporate giants can ignore as long as the evidence remains hidden in a black box.

We want the honest shopkeep to win. We want a world where the price of milk doesn't change because an algorithm decided you're desperate enough to pay an extra fifty cents. But until City Hall tells us exactly *how* they plan to police a ghost in the machine, I'll keep my eyes on the receipt and my skepticism high.

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