Subject to 101 CMR 801.05(2), any non-public information shared with EOHHS by the manufacturer during the course of a direct negotiation under 101 CMR 801.03 or during the process for determining a target value under 101 CMR 801.04, or by the HPC under M.G.L. c. 6D, §8A, will not be a public record under M.G.L., c. 4, §7 or M.G.L. c. 66, and EOHHS will regard any records expressly designated as such by the manufacturer or HPC as confidential and proprietary.