I don't think so. If the pages are not protected in any way (e.g., password), how can they claim that the data is privileged/classified in any way?
The password appears to be gag.
https://data.healthcare.gov/login
asks for a password. I never touched the keyboard and just clicked around and got this
https://data.healthcare.gov/profile/Louis-Fettet/g9i9-z6y7?utf8=%E2%9C%93&page=1