Earlier quoted context omitted.
It is still a lie. Also keep in mind the perspective and context that the end user has no way of knowing. And even if the data can be recovered in an unofficial manner whether they will actually bother is highly unlikely if they care as little as they most obviously do. So, as a user it is a pretty safe bet to just assume it is gone (but do keep poking).
https://en.wikipedia.org/wiki/Lie "A lie is a statement used intentionally for the purpose of deception" I don't think you can prove it was a lie.
After all, how can we know what an alleged liar is really thinking?