Don't assume the law makes a distinction between data which is destroyed and data which is irretrievable. I can easily see someone arguing that the data is not

Don't assume the law makes a distinction between data which is destroyed and data which is irretrievable. I can easily see someone arguing that the data is not destroyed -- there's simply a very, very low chance that anyone will be able to retrieve it. You and I both know that argument makes no sense, but hey, it's the law -- it doesn't have to make sense, it just has to convince a few people with power that you're wrong.