That was what I was going to say. All the stores need to do is warn potential customers that by entering the stores premises the potential customer agrees to x technology being used for the purpose of y. It's the potential customers choice then, leave or enter.

Is "We don't use automated identification technology" enough of a market advantage to win over customers?

Presumably only if the average consumer cares about this enough.

I could see it playing out like organic foods, honestly.

Even just that would be an improvement.

Not if you outlaw that practice.

It's easily countered by creating a law that prevents discriminating on the basis of opting into tracking, AI and whatnot.

Problem solved.

Maybe that would encourage people to stop shopping at big companies and stores and go back to supporting small businesses.

(I do think the idea isn't a good one and am not defending it.)